Digital Services Act, Online Safety And Designated Groups

The Commission published a draft guidelines on protection of minors online under the Digital Services Act. It further echoes our input on how digital frameworks can better address online safety and accessibility, both from algorithmic and non-algorithmic perspectives.

The Digital Services Act (DSA) - Regulation (EU) 2022/2065 - is a landmark European Union regulation that creates a safer digital space where the fundamental rights of users are protected and sets a level playing field for businesses. It’s echoed by other frameworks beyond the EU, such as the UK, Australia or Korea Online Safety Acts. While the DSA and similar frameworks do not have as extensive provisions for accessibility, it does contain several important articles and recitals that can support the digital rights and needs of vulnerable groups.

The Digital Services Act (DSA) entered into full application on February 17, 2024. However, Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) were required to comply earlier, by August 25, 2023. Under Article 47, the DSA requires the European Commission to encourage the development of accessibility codes of conduct by February 18, 2025, with their implementation expected by August 18, 2025.

Related

DSA’ Articles and Accessibility

Key Articles

  • Article 14 - Terms and Conditions - Requires "clear, plain, intelligible, user-friendly and unambiguous language" in terms and conditions. Must be "publicly available in an easily accessible and machine-readable format." Provides foundation for informed consent and participation in digital services for vulnerable users.

  • Article 16 - Notice and Action Mechanisms - Mandates "easily accessible, user-friendly" mechanisms for notifying illegal content. Benefits persons with disabilities and other vulnerable users who might otherwise face barriers in reporting problematic content.

  • Article 25 - Online Interface Design and Organization - Prohibits designs that "deceive or manipulate" users or "distort or impair" their ability to make free and informed decisions. Can be leveraged against interfaces creating barriers for vulnerable groups, including those with disabilities or limited digital literacy.

  • Article 27 - Recommender Systems Transparency - Requires "clear, accessible and easily comprehensible" descriptions of recommender systems and their main parameters. Particularly benefits users who need accessible formats to understand how content is being prioritized and presented to them.

  • Article 28 - Online Protection of Minors - Specific article focused on protecting minors online with appropriate measures to ensure high level of privacy, safety, and security. Requires platforms to design services with the best interests of minors in mind, addressing their particular vulnerabilities.

  • Article 34 - Risk Assessment - Requires very large online platforms to assess systemic risks including "any actual or foreseeable negative effects" on vulnerable groups. Specifically mentions risks to civic discourse, public health, minors, and protected groups. Must be conducted at least annually or before deploying significant new features.

  • Article 35 - Risk Mitigation - Mandates implementation of measures to mitigate risks identified in assessments, potentially including adapting content moderation, recommender systems, and terms and conditions to protect vulnerable groups. Must address algorithmic systems that may cause foreseeable negative effects.

  • Article 40 - Data Access and Scrutiny - Allows researchers to access data from very large platforms for research on systemic risks. Creates pathway for research into algorithmic discrimination and accessibility barriers, establishing accountability for how platforms affect vulnerable populations.

  • Article 47 - Codes of Conduct for Accessibility - Most explicit article addressing accessibility for persons with disabilities. Promotes "full and effective, equal participation" by improving service access, ensuring services are "perceivable, operable, understandable and robust." Establishes development by February 2025 and application by August 2025.

  • Article 67 - Requests for Information - Gives Commission powers to require information from large platforms, potentially including details about accessibility measures and protections implemented for vulnerable groups.

  • Article 71 - Commitments - Allows platforms to make commitments to the Commission regarding measures to remedy non-compliance, creating a potential mechanism to improve accessibility and protections for vulnerable users.

Key Recitals

  • Recital 39 - Information Requirements for Complaint Mechanisms - Emphasizes "clear and user-friendly" information on complaint and redress mechanisms, supporting all users' ability to effectively raise concerns regardless of ability.

  • Recital 45 - Terms and Conditions Requirements - Elaborates on Article 14, requiring "clear, plain language, user-friendly and unambiguous" terms. Prohibits "unfair, deceptive, or manipulative interface designs" that impede recipients from exercising their free will.

  • Recital 50 - Notice and Action Mechanisms - Requires easily accessible and user-friendly mechanisms for flagging illegal content, benefiting users with disabilities and other vulnerable populations who might otherwise face barriers.

  • Recital 63 - Protecting Minors - Acknowledges need for special protections for minors online, requiring platforms to ensure high level of privacy, safety, and security. Promotes services designed with the best interests of minors in consideration of their particular vulnerabilities.

  • Recital 67 - Dark Patterns - Describes "dark patterns" as practices that "materially distort or impair" users' ability to make "autonomous and informed choices." Provides language to advocate against designs that particularly affect vulnerable users with cognitive, developmental, or physical disabilities.

  • Recital 85 - Risk Assessment for Vulnerable Groups - Requires assessment of risks to fundamental rights, specifically addressing "vulnerable groups" who may be disproportionately impacted. Addresses algorithmic systems that may potentially spread or amplify harmful content targeting these groups.

  • Recital 89 - Codes of Conduct - Emphasizes that codes of conduct should consider interests of all stakeholders, including persons with disabilities and other vulnerable populations, ensuring universal representation in the development of standards.

  • Recital 91 - Codes of Conduct for Accessibility - Elaborates on Article 47, encouraging "codes of conduct to facilitate the voluntary application of accessibility measures." States services should be "perceivable, operable, understandable and robust for persons with disabilities."

The Way Forward

While the Digital Services Act does not provide comprehensive mandates for digital accessibility, it does contain significant provisions that can be leveraged to improve safety and accessibility. The DSA’s approach largely relies on voluntary codes of conduct rather than binding obligations, with Article 47 specifically focused on encouraging the development of such codes for accessibility. The DSA's requirements for clear, user-friendly interfaces and information, combined with prohibitions against deceptive or manipulative design, are critical for creating safer digital environments and platforms.

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References

¹ European Union. "Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)." Official Journal of the European Union. October 19, 2022.

² European Commission. "Commission publishes draft guidelines on protection of minors online under the Digital Services Act." May 13, 2025.

³ European Commission. "The Digital Services Act package." Shaping Europe's digital future. 2024.

⁴ European Commission. "Commission launches call for evidence for guidelines on protection of minors online under the Digital Services Act." July 2024.

⁵ Web Content Accessibility Guidelines (WCAG). "WCAG 2.1 - Perceivable, Operable, Understandable and Robust Principles." W3C. June 2018.

⁶ European Commission. "The Digital Services Act package." Shaping Europe's digital future. Updated 2024.