Regulatory Approaches for Algorithms on Online Platforms in the Digital Services Act

Author(s)

Boris Kandov

Abstract

With the seemingly rapid progression of technological development, algorithms are
also becoming increasingly powerful and complex, not least due to the emergence
of artificial intelligence (AI). While the AI Act is not yet applicable, a European Union
law governing the use of algorithms on online platforms already exists that sets out
the potential risks and challenges associated with their use. The Digital Services Act
(DSA) introduces several new regulations concerning algorithm-based, automatic
filtering systems into EU law that play a particularly important role for online platforms,
as algorithms are used in these in the form of filter and recommender systems. These
help with the moderation of content on platforms on the one hand and ensure a better
user experience on the other. At the same time, their use is also associated with
potentially negative implications and risks. For example, the spread of misinformation,
hate speech and other harmful content on online platforms can have a significant
negative impact on democracy and social cohesion. The Digital Services Act aims
to ensure that algorithmic systems are used transparently and responsibly. In the
analysis of the Digital Services Act, the paper primarily employs the method of word
interpretation. This involved a detailed examination of the language used in the Digital
Services Act, focusing on the specific terms and phrases within the legislative text. By
scrutinising the context and usage of these keywords, the paper aims to uncover their
precise meanings and implications.
Keywords: algorithms, algorithm regulation, DSA, Digital Services Act, recommender
systems, moderation

Organisation(s)

Department of Innovation and Digitalisation in Law

Journal

Elte Law Journal

Pages

127 - 142

No. of pages

16

ISSN

2064-4965

DOI

https://doi.org/http://10.0.211.132/ELTELJ.2024.2

Publication date

01-2025

Peer reviewed

Yes

Austrian Fields of Science 2012

505039 Media law, 505003 European law, 505015 Legal informatics

Portal url

https://ucrisportal.univie.ac.at/en/publications/56641970-e43a-488d-8634-a0450d9d56be