26 March 2026
Towards a Legal Concept of Digital Well-Being
The European Commission's preliminary finding on TikTok’s addictive design from last month might be a game-changer for protecting users’ digital well-being under EU law. The Commission’s focus moves beyond illegal content on the platform to the design of the platform itself. For the DSA to make this enforceable, “digital well-being” needs to be operationalised in a way that regulators and platforms can actually measure and mitigate. This blog post begins with the Commission's findings to advance the first steps toward a theory of digital well-being within the EU platform regulation framework. Continue reading >>
0 
02 March 2026
Just One More Video…
On 6 February 2026, the European Commission disclosed its long-awaited preliminary findings regarding its investigation into whether TikTok, the social media platform used by 170 million people across the European Union, is in breach of the Digital Services Act. The announcement occurs at a time when political and public concerns about the potential harmful impact of social media platforms are at an all-time high, leading to calls to “ban” children and teenagers from those spaces in countries across the world. As “addictive” features are central to concerns leading to these contested calls, the potential of the Digital Services Act to change platform design is crucial. Continue reading >>
0
20 February 2026
Searching for Answers
In October 2025, following OpenAI’s disclosure that ChatGPT’s search feature had reached an average of 120.4 million monthly users in the EU, a Commission spokesperson confirmed that regulators are currently assessing whether ChatGPT can be designated as a Very Large Online Search Engine. The legal question is whether a service that synthesises answers rather than returning indexed links falls under Digital Services Act as an “online search engine”. The Commission should answer yes. A functional interpretation is legally mandated, economically justified, and urgently necessary. Continue reading >>24 November 2025
From Backwater to Battleground
The EU acquis, as it affects research libraries, is characterised by both overlaps and gaps, which exist alongside forces and habits endemic to these institutions. While libraries have always been the place where the rubber hits the road – where the commands and constraints of different laws and policies need to be translated into a single body of practice – this contact is far bumpier today than it was before. This blog explores these tensions, as well as the additional complexity introduced by the circumstances in which libraries operate. Continue reading >>
0
27 October 2025
Using the DSA to Study Platforms
The EU’s Digital Services Act (DSA) established a host of new transparency mandates for online platforms. One of the simplest yet most critical allows researchers to collect or “scrape” data that is publicly available on platforms’ websites or apps. This post examines who can take advantage of the DSA’s protections. Continue reading >>
0
16 July 2025
Independence as a Desideratum
A recent report claiming that EU tech regulation has entered the ongoing trade negotiations with the U.S. has sparked fears that enforcement of the Digital Services Act (DSA) might be halted altogether. Although the DSA only came into full effect in February 2024, the European Commission’s subsequent enforcement has already showcased conflicts regarding its role as an autonomous political and administrative enforcement body. Considering the potential impact of the DSA on online communication, the Commission’s current role in DSA enforcement raises serious concerns. This calls for a search for alternative models of DSA enforcement. Three options present themselves. Continue reading >>
0
07 February 2025
Elon Musk, the Systemic Risk
Elon Musk seems to many in Europe to symbolize the dawn of a digital dystopia. I argue, however, that this view may be incorrect in several respects. With the Digital Services Act (DSA) and its new “systemic tools,” the EU has an opportunity to address the technological roots of Musk’s powerful position in the digital sphere. In this context, Musk (potentially) using his platform (or AI) to intentionally influence the access, distribution, and presentation of information is “merely” a manifestation of risks that are already inherent in the systemic position of certain digital services. Continue reading >>
0
05 November 2024
Art. 21 DSA Has Come to Life
Art. 21 DSA is a new, unusual and interesting framework to settle disputes over online content moderation decisions. By now, the first four online dispute settlement bodies (ODS-bodies) have been certified, and most of them have already started taking cases. In this article, based on recent interviews with representatives from all certified bodies, I will explore how these very first ODS-bodies are set up and which very first experiences they have made. Continue reading >>10 September 2024
Brave New World
The exhilaration and enthusiasm which followed the passing of the Digital Services Act (DSA) is long over. No matter one’s perspective on the DSA, it seems clear that the party is over and the work begins. One of the perhaps oddest provisions of the DSA is Article 21. It calls for the creation of private quasi-courts that are supposed to adjudicate content moderation disputes. User Rights, based in Berlin, is one of the first organisations to assume this role. Continue reading >>
0
03 September 2024
Auditing Platforms under the Digital Services Act
Taming the power of online platforms has become one of the central areas of the European Union's policy in the digital age. The DSA increases the accountability of very large online platforms and very large search engines by introducing an auditing system. The audit process as defined by the DSA risks producing counterproductive consequences for the European policy objectives. From a constitutional perspective, the outsourcing of competence and decision-making from public to private actors articulates a system of compliance and enforcement based on multiple centres of power. Continue reading >>
0