In Europe, the supervisory authorities play a decisive role as they have the power to open investigations and impose million-euro fines, but individual users can also claim compensation for damages.
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User actions
The legal lever is the European Regulation 2022/2065, the so-called Digital Services Act (Dsa), fully applicable in Italy from February 17, 2024, which aims primarily to protect minors from massive attacks on their safety. European rules protect users from platform risks but could also have direct repercussions on individual cases.
Article 54 of the Dsa also allows users to claim compensation for damages before the national judge in case of violations by the platforms. However, it will be necessary to prove the causal link between the platform’s omission and the alleged damage. A burden of proof that is certainly not easy, but still possible, and an important “help” could come both from American verdicts and from the closure of investigations initiated by the EU Commission.
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In addition to quantifying the damage immediately, the user must also prove that this would not have occurred if the intermediary service provider had complied with its obligations under the Dsa.
Obligations for platforms and browsers
In particular, under Article 34, very large online platforms and search engines (more than 45 million active users) must identify and prevent systemic risks arising from the design, operation, or use of their services and prepare an assessment on the security measures adopted at least once a year. They should, for example, avoid the spread of illegal content and negative effects on fundamental rights, public safety, and gender-based violence.
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