Thread by @gabrielazanfir

And the text fo the long awaited #DigitalServicesAct Proposal is here! One day early, thanks to @SamuelStolton and his sources. One key thing to note is that the DSA is clearly without prejudice to both the GDPR and the ePrivacy Directive... euractiv.com/wp-content/upl… 1/n #DSA

which technically means that it applies on top of them and in case of conflict, the provisions in the #GDPR and the ePrivacy Directive prevail. There are 2 areas of interaction that immediately pop-up. First, the rules on recommender systems and online advertising 2/n #DSA

Both of these certainly rely on processing of personal data. But it seems there is broad convergence between the existing #EUDataP regime and the proposed #DSA, especially in relation to transparency and rights to explanation 3/n #DSA

Second, there are the rules on data sharing by "very large online platforms" - well, providing access to data rather than data sharing (see Art. 31 of the Proposal). This is where things may get interesting, even thorny, between the two regimes. 4/n #DSA

Providing access to data held by VLOPs (oh wow incredible entry into the world of data policy abbreviations) may be compulsory, following a reasoned request from national competent authorities, which are to be designated by Member States. There is due diligence around it 5/n #DSA

The Commission may also request access to data held by VLOPs. This is where it becomes interesting: it seems that access shall be granted to researchers and not the authorities themselves. The researchers need to be vetted and here are the conditions:... 6/n

... Affiliated w academic institutions, be independent from commercial interests, have proven records of expertise & shall commit to preserve the specific data security & confidentiality. I wonder if Cambridge Uni's Alexander Kogan would have met these requirements? Prob yes🤔7/n

Other aspects I would note about the #DSA proposal is that I didn't see yet data localization requirements sneaking in (I am still reading though). And the governance structure. Interestingly, Member States are left the option to appoint one or more competent authorities 8/n

So we might get a mix of DPAs and other national regulators being involved in this. And... yes there will be another Board on the map! The European Board for Digital Services (EBDS? oh the confusion that will follow 😅) which is an Advisory group, to be Chaired by the COM 9/n

This EBDS will be composed of nationally appointed Digital Coordinators, which are the leads among the several national authorities that may be competent to enforce this in each MS. Oh, and the penalties are to be established by each MS, too 10/n #DSA

Still reading thrgh this w a Data Protection and Privacy lens. Keep in mind this is a Proposal, only the first in a long and convoluted process. But my guess is that it will go much quicker through it than the ePrivacy Reg, for example. To b continued & join the insights 🧵!END

One important amendment to this one (6/n in my thread) upon re-reading Art. 31: access seems to be possible to be requested by authorities for themselves, per para 1, and separately for researchers, per para 2. #DSA

One important amendment upon re-reading, which I hope won't get lost as a subtweet below 6/n above: data access by VLOPs is available to authorities too, not only to vetted researchers. And gosh there are so many more interesting things to look at!