Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

135. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 137 of 21 February 2023, if the Digital Services Act establishes liability obligations such that consumers can seek compensation from online platforms, or online platforms are required to compensate consumers, who have been victims of fraud through adverts on online platforms; and if he will make a statement on the matter. [10231/23]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

EU Regulation 2022/2065 on a Single Market for Digital Services, the "Digital Services Act", provides that recipients of an intermediary service shall have the right to seek, in accordance with Union and national law, compensation from the provider of that service. This right is only in respect of circumstances where the damage or loss suffered is due to an infringement of the obligations under the Digital Services Act. Those obligations do not include any new obligation on online platforms with respect specifically to fraudulent content.

The obligations under the Digital Services Act relating to advertising place responsibilities on online platforms to ensure transparency of advertisements and to prohibit certain types of targeting. For example, there is an obligation to show where content is in fact an advertisement and information on the person placing the advertisement. They must also show information on who paid for the advertisement, if that person is different from the person who placed it. They must also show the information which has been used to cause the recipient of the service to be presented with the advert.

There are additional obligations on platforms and search engines that are designated as "very large" online platforms and search engines, that is those that have over 45 million users in the European Union. They must conduct an assessment of the risks that may arise from the design or functioning of their systems and provide for the mitigation of risks identified. Mitigation measure may include, where appropriate, adapting their advertising systems and adopting targeted measures aimed at limiting or adjusting the presentation of advertisements in association with the service they provide.

In addition to the information provided by ordinary online platforms, these "very large" platforms must make available a repository containing specified information relating to the adverts which they are displaying or have displayed over the previous year.