Internet Regulation Updater
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The EU’s Digital Services Act (DSA) includes various provisions which relate to the use of algorithms. These include the requirements for very large online platforms and search engines (VLOPs and VLSEs) to identify, analyse, assess and mitigate systemic risks, including those arising from algorithmic systems.
As part of the European Commission’s supervisory role over VLOPs and VLOSEs, it has set up the European Centre for Algorithmic Transparency (ECAT).
ECAT is hosted by the Joint Research Centre (the European Commission’s in-house science and knowledge service) in cooperation with DG CONNECT. Its purpose is to be a leading light in algorithmic transparency.
ECAT will support the European Commission in assessing whether VLOPs and VLOSEs are complying with their risk management and mitigation obligations under the DSA. It will provide technical support and practical guidance with the goal of establishing a safe and predictable online environment.
Key points that ECAT will consider when assessing algorithmic transparency include:
- Recommender systems, information retrieval, search engines;
- Fairness, accountability and transparency;
- Ethical, economic, legal and social impact;
- Risks assessment and risk mitigation measures;
- Fundamental rights.
Algorithmic systems increasingly determine many aspects of our online experience, from music recommendations and search engine listings/rankings to content moderation, sponsored posts and targeted advertising. Algorithmic decision making profoundly impacts user experience on platform, in the wider online environment and may have consequences offline. The DSA is not the only regulation which is relevant to the use of algorithms and AI by platforms: GDPR, New Deal for Consumers and, notably the draft AI Act and related draft Data Acts add to an increasingly complex landscape.
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If you would like to speak to the Deloitte team supporting clients on complying with fast-paced global internet regulation, please contact:
Joey Conway, Internet Regulation Partner, Legal Lead
Nick Seeber, Internet Regulation Lead Partner
Lauren Taylor, Internet Regulation Partner
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