The Digital Services Act and powers of the Data Protection Ombudsman in the monitoring of online platforms
The EU Digital Services Act (DSA) imposes obligations on digital service providers, such as online platforms, to improve the transparency and safety of their services. The Act entered into force on 17 February 2024. In Finland, the supervision of compliance with the DSA has been split between Traficom, the Office of the Data Protection Ombudsman and the Consumer Ombudsman.
The DSA requires online platforms to ensure the transparency of advertising and recommender systems and to take their underage users into account. The DSA applies to the operations of digital service providers, such as online platforms and marketplaces.
The Data Protection Ombudsman supervises the identifiability of ideological and societal advertising, the transparency of online advertising and recommender systems, and the protection of minors on online platforms. These online platform providers' obligations are provided for in Articles 26–28 of the DSA.
Ideological and societal advertising
The following information must be readily identifiable in advertisements shown on online platforms:
- a notice that the content is an advertisement;
- the party on behalf of whom the advertisement is shown; and
- the party that paid for the advertisement (if different than the above).
Online advertising based on profiling
Advertising on online platforms may not be targeted on the basis of special categories of personal data, such as health information, political opinions, ethnic origin or religious belief. If the online platform provider is reasonably certain that a service user is a minor, advertising based on the use of personal data may not be targeted at the minor.
Transparency of online advertising and recommender systems
Online platforms must give a clear and transparent description of the recommender systems used on them. The main parameters used for determining the recipient of the advertisement must be stated in connection with all online advertisements. If online advertising is based on the use of parameters, the service user must be informed of this and of whether the parameters can be changed.
Protection of minors online
The DSA requires online service providers to ensure the privacy and safety of their underage service users. Online services must be designed to take underage users into account.
Application and enforcement of the DSA
The DSA applies to all online intermediary services provided within the EU. Service providers established outside the EU must also comply with the Act's provisions if they offer their services to EU residents. Some parts of the Act do not apply to microenterprises and small enterprises.
In Finland, compliance with the DSA is mainly supervised by the Finnish Transport and Communications Agency (Traficom). The Consumer Ombudsman supervises advertising targeted at consumers. The European Commission is responsible for the supervision of multinational, very large online platforms and search engines.
In which matters can I contact the Office of the Data Protection Ombudsman?
You can turn to the Data Protection Ombudsman in matters involving the identifiability of societal and political advertising and the transparency of recommender systems. You can also contact the Office of the Data Protection Ombudsman if an online platform provider is not taking steps to ensure the privacy and safety of children in its service or is using sensitive personal data or the personal data of a minor to target advertising.
Further information:
Information on the obligations of online platforms on Traficom's website
Information on the rights and obligations of online platform users on Traficom's website
Information on the Digital Services Act on the Commission website
Information on very large online platforms and search engines on the Commission website
Press release, 16 February 2024: The new regulations for digital services come into effect - this is how the user's position improves
Press release, 12 January 2024: New obligations for digital operators – the goal is safer and more open online services