Moving Towards More Transparent Online Platforms Under the Digital Services Act

The DSA introduces a multi-layered framework of obligations tailored to various categories of providers of online intermediary services, many of which aim to increase transparency of online environment. This chapter aims, first, to propose the categorization of transparency obligations and, second, to identify them in the DSA. These objectives are combined with the objective of the assessment of the primary obligations from the perspective of a transparency goal of the DSA, whereas more detailed analysis of meta-obligations related thereto is left aside. The research methods employed in this chapter primarily include a doctrinal legal method as well as systemic and teleological approaches. The authors conclude, first, that though the layered structure of the obligations and self-assessment model puts the burden of enforcement on providers of online platforms, it also invites more actors to the process, therefore, third parties, such as consumers, civil society and SMEs, will play role in enforcing the transparency obligations set out in DSA. Second, one of the most challenging imprecisions in the DSA results from that, in many instances, the DSA is silent on the scope and/or the form of providing the required access to data, for example in Article 40. Third, the DSA applies its own logic (different from that of EU consumer law) resting heavily on ex ante primary fairness obligations, while the consumer law relies upon ex post prohibition of unfair practices. Fourth, the pyramid-like structure of transparency obligations under the DSA can be considered an obstacle to the increase of consumer protection by exempting smaller providers from most of primary obligations. However, in general, the authors consider the DSA as representing a promising development in online platform governance.