Consumer Protection in the Digital Age: A Reflection on Regulation 2022/2065 (Digital Services Act—DSA) and Agenda 2030
摘要
The European Union made digital transformation one of its priorities to be achieved by 2024, through the objective of a “Europe fit for the digital age. Empowering people through a new generation of technologies”. Twenty years after the adoption of Directive 2000/31/EC of the European Parliament and of the Council on information society services and intermediary services, new and innovative business models and services have emerged, such as social networks and online platforms allowing consumers to conclude distance contracts with traders, giving business users and consumers new ways to communicate and access information. Most EU citizens now use such services in their daily lives. However, the digital transformation and the increasing use of these services also entail new risks and challenges for individual recipients of these services, businesses, and society as a whole. For this reason, the European Parliament adopted a few months ago, Regulation 2022/2065 of 19/10/2022 on the single market for digital services. It is not only the European Parliament that is acting in this area of digital transformation, though. Member States are also developing, or are in the process of developing, national legislation to accommodate the matters covered by the Regulation, in particular by imposing due diligence requirements on intermediary service providers as regards how they should deal with illegal content, misinformation and other risks to society (in particular to consumers, the weaker party in contractual relationships). At the same time, by working on these national rules, possible divergences between national rules and European law, which negatively affect the achievement of a true internal market, can be eliminated. Finally, the authors will discuss the 2030 Agenda and the Digital Services Regulation from a Portuguese and Spanish perspective, seeking to identify whether the regulation has considered the Agenda’s sustainable development goals. In essence, although the issues are not directly related, it is essential to approach them, since the 2030 Agenda, in its objective of digital transformation, may have an impact on the protection of consumer rights in the digital environment, and Regulation 2022/2065 may be relevant to ensure the adequate protection of these rights in the digital era, such as, for example, those related to the protection of personal data and information.