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Digital technologies have substantial environmental impacts. The EU’s 2022 Digital Services Act (DSA) requires the largest platforms and search engines to regularly assess “systemic risks” to various social interests – including public health, physical wellbeing, security, and fundamental rights – and to reasonably and proportionately mitigate these risks. Climate change and other escalating environmental crises severely threaten these interests. Accordingly, this policy brief argues that the DSA requires these companies to take reasonable measures to reduce their environmental impacts.
This should notably include following best practices to minimise energy and water usage, including “sustainability by design” obligations to pursue less energy- and resource-intensive technologies, design choices, and business practices wherever possible. It should also include measures addressing platforms’ indirect environmental impacts, such as the facilitation of environmentally-damaging behaviour by third-party businesses. Since the DSA’s risk mitigation obligations apply specifically to the largest platforms – which exercise significant influence over broader technological and commercial ecosystems – regulatory pressure on these companies to take such measures could have outsized environmental benefits.
This policy brief by Rachel Griffin, PhD candidate at Sciences Po Law School, offers a legal analysis of the DSA’s relevance to environmental policy and explains why environmental risks are within its scope. It then outlines appropriate measures to mitigate platforms’ direct and indirect environmental impacts. It concludes with recommendations for platform companies, regulators, and civil society on how to realise the Digital Services Act’s potential to help secure a more sustainable tech industry.
The EU Digital Service Acts signals a move away from self-regulation towards co-regulation of social media platforms within the European Union. To address online harms and rising platform power the DSA clarifies responsibilities of platforms and outlines a new technology regulatory framework to increase oversight. One key oversight instrument constitutes Article 40 of the DSA, which lays out data access for vetted researchers, who add value to regulators and the broader public as creators of knowledge, educators, advisors, innovators, and watchdogs. Currently, the EU Commission and national governments make important decisions regarding Digital Service Coordinators (DSCs) that play a key role in implementation. Based on expertise on European public administration and political science we lay out key challenges and success factors of DSCs that will play a role in promoting successful cooperation between DSCs and researchers. We provide three recommendations: First, we recommend to strengthen transfer of scientific knowledge into policy-making by processing publicly accessible publications within public administrative bodies. To this end, capacities of DSCs need to be increased. In addition, we also point towards the database of vetted researchers collected by the Board of DSCs as important resource in order to strengthen knowledge transfer. Second, the DSC network requires agile institutions with fast response time in order to enable researchers to play a constructive role in implementation. This also includes institutional procedures between DSCs and the Intermediary Body and Data Protection Agencies. To avoid delay in implementation agile institution-building needs to start now. Finally, institutional safeguards will help to avoid strategic choice of companies of the DSC of establishment. At the same time, the Irish DSC's capacity should be strengthened compared to other national DSCs since most large intermediary services providers have their European headquarters in Ireland.