Short messaging service Bluesky seeks to comply with Digital Services Act (DSA) regulations and provide information about contact persons and user numbers as required by the EU Commission. A spokesperson told Bloomberg that Bluesky is talking to his attorney about how to provide the requested information. Bluesky has not yet responded to Heise Online’s request.
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The EU Commission announced on Monday that Bluesky, like other social media, is subject to the DSA and must provide certain information. So far, the company, which is based in the United States, has not complied with these obligations. The Commission has now asked Member States’ DSA coordinators whether they have this information.
Federal Network Agency Incorporated
In Germany, this “Digital Service Coordinator” (DSC) is based at the Federal Network Agency. The regulatory authority is therefore also responsible for compliance with DSA regulations in the Federal Republic. When asked, the Federal Network Agency confirmed that the EU Commission had asked the digital service coordinators of various member states last week.
Upon request a spokesperson for the Federal Network Agency confirmed, “Along with other DSCs, we were recently asked whether Bluesky has a branch or a legal representative in Germany or whether a legal representative has been named. ” “In addition, the EU Commission asked whether Bluesky had contacted the German DSC regarding obligations under the DSA. The German DSC replied no on all three points.”
Data cables in the EU and the Baltic Sea: “Action must be taken now”When it comes to detailed questions, there is clearly still confusion over what obligations platforms have to fulfill and how. It is undisputed that Bluesky is not yet classified as a very large online platform – called a “Very Large Online Platform” or “VLOP” in EU nomenclature. The EU Commission classifies a media service or online retailer as a VLOP if it has more than 45 million monthly users in the EU.
So far, companies such as Google (Play Store, Maps, YouTube), Meta (Facebook, Instagram), Microsoft (Linkedin), booking and trading platforms like Amazon or Temu, as well as porn portals have been classified as VLOPs by the EU. Has gone. , Wikipedia is also on the list. Some companies – Amazon, Pornhub and Zalando – are taking legal action to defend themselves against the classification and DSA requirements. The proceedings are still going on.
Bluesky, with its 20 million international users, is not one of them. But according to the DSA, even platforms that do not exceed the threshold of 45 million EU users must provide a contact person and provide regular information about the number of EU users. Opinions still vary on how Bluesky should do this.
Exceptions for smaller platforms
The DSA provides an exception for small companies that have fewer than 50 employees and whose annual turnover does not exceed EUR 10 million. Bluesky is likely to fall under this – but the non-profit company has not yet provided any specific information on this. But these small companies will also have to provide information about contact persons and monthly user numbers to the DSC or Commission responsible for them.
DSA requires these small businesses to provide their user numbers upon request. Whether this means that, like the big platforms, they will have to do so publicly on a separate website is a matter for lawyers now to debate with the Commission.
Bluesky is not yet a VLOP, which is why it is not subject to the strict requirements and direct regulation of the Commission. Therefore, the authorities of the member countries are responsible. Because BlueSky is used throughout the Union, it is basically every DSC in the EU. Bluesky should take the latest action when one of the national coordinators is activated. The first DSC to take up the case will then take over on behalf of the other DSCs.
There will be no German coordinator for the time being: the Federal Network Agency sees no need for action at the moment. The Bonn authority has responded to the Commission’s questions, a spokesperson confirmed online. This means the case is closed for the German DSC: “No further steps are necessary at the moment.”
(vbr)
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