Fundamental rights and conflict resolution in the Digital Services Act Proposal: a first approach

Abstract

Fundamental rights are at the centre of the proposal for a new Digital Services Act (DSA), an EU Regulation that aims to update the e-Commerce Directive, the nuclear legislation on intermediary service providers. Of special importance among these providers are online platforms, the gatekeepers of the new social, economic and political life of the digital XXI century. Both content management and conflict resolution in the context of online platforms fall under the provisions of the DSA and they are key to an adequate regulation of users’ interaction, both with the online platforms and among themselves and to the protection of fundamental rights. The paper analysis content management and conflict resolution mechanisms under the e-Commerce Directive and the DSA Proposal through the perspective of fundamental rights protection and promotion. The goal is to offer a first approach and appraisal to the conflict resolution mechanism put in place by the Proposal and ascertain if they comply with EU and Member States law and assure the adequate and balanced exercise of fundamental rights.