Earlier this week, Pakhuis de Zwijger and Studio Europa Maastricht hosted a new edition of Lokaal Europa, a programme that explores how European legislation shapes everyday life in regions across the EU. This edition focused on the growing pressure on democracy in the digital sphere, the role of major tech platforms, and the impact of European regulation such as the Digital Services Act (DSA).
Studio Europa Maastricht spoke with Rita Wezenbeek, Director for Platforms at the European Commission (DG CONNECT) and one of the speakers at the Lokaal Europa event, about the enforcement of the DSA, transatlantic tensions around platform regulation, and the future of Europe’s digital sovereignty.
In the wake of the recent €120 million fine imposed on X under the Digital Services Act, some US officials have accused the EU of limiting free speech and over-regulating online discourse. Wezenbeek strongly rejects claims that the DSA enforcement risks crossing the line from protecting democracy into restricting freedom of expression.
Freedom of speech
“We do not agree with the perspective that the DSA restricts freedom of speech. If anything, it does the opposite. The DSA is legislation that imposes responsibility on platforms for what they allow to be presented to European users, but it does not contain rules on what should or should not be prohibited. What is prohibited is defined in European or national law. Platforms are required to put systems in place to analyse the risks that illegal or harmful content may pose and to mitigate those risks.
These risks are broad. They include risks to democracy and democratic debate, but also, for example, the risk of unsafe products being offered online or harm to minors —groups we want to protect.”
“The DSA is legislation that imposes responsibility on platforms for what they allow to be presented to European users, but it does not contain rules on what should or should not be prohibited”
According to Wezenbeek, the key part of this legislation is focused on transparency:
“Platforms are obliged to explain when they remove content and to give users the possibility to contest and appeal those decisions. What we see in the many reports and in the database we maintain is that 99% of content removed in Europe is taken down based on platforms’ own terms and conditions. In the case of American platforms, this means American terms and conditions are applied in Europe. In only about 1% or even fewer cases is content removed based on orders from European courts.
This shows that European rules intervene only minimally. The vast majority of what users see or do not see is determined by private platform rules. What the DSA does is empower users to contest those decisions and to rely on their freedom of expression. Users can say: “You may not like what I said, but it is protected speech.” So we strongly disagree with the claim that the DSA restricts freedom of speech. We believe it strengthens it.”
European innovation
With the US increasingly seen as an unreliable partner, there is growing debate about whether Europe and countries like the Netherlands could develop its own digital ecosystem. Wezenbeek agrees that fostering local innovation is a top priority for the EU leadership, especially for Henna Virkkunen, the Executive Vice-President for Tech Sovereignty, Security and Democracy and Commissioner for Digital and Frontier Technologies:
“Our Executive Vice-President is strongly pushing the innovation agenda in Europe. Developing more sovereign and independent digital infrastructure is a key part of that. The Digital Markets Act (DMA) also contributes. One important element is interoperability: large platforms must allow competitors’ hardware and software to work as well with their systems as their own products do. Your headphones or smart glasses should work just as well with an Apple phone as Apple’s own devices. This openness enables competing ecosystems.”
She adds that cloud providers could play a crucial part in that:
“We are currently assessing whether major cloud providers such as Amazon AWS and Microsoft should be designated as gatekeepers under the DMA. If so, they will be subject to specific obligations, such as facilitating switching between cloud providers and preventing practices that lock customers in.”
“We are currently assessing whether major cloud providers such as Amazon AWS and Microsoft should be designated as gatekeepers under the DMA”
New initiatives
Beyond existing legislation, new initiatives are in the pipeline, including the European Cloud Act and AI Development Act, expected in the coming months. Looking ahead to emerging technologies, such as generative AI, recommendation algorithms and cross-border digital political advertising, the expert expects EU platform governances sector to be growing rapidly:
“We started with around 40–45 people. We have expanded from one directorate to two. Today, we are 225 and we are expected to grow to around 300 staff members. My ambition is for us to become an even more robust digital platform regulator. Europe is at the forefront globally, there is no other jurisdiction with legislation like the DSA and DMA, though others are now following.
We want to learn from our own practice and become faster, more targeted and more sophisticated. Our work covers a very broad range of issues: online marketplaces, protection of minors, adult platforms, social media, elections, and bias in recommendation systems.”
Wezenbeek underlies that AI is changing the game both for tech platforms and the legislators:
“We are also moving into new territory at the intersection of AI, social media and online platforms. This is an emerging area where we are carefully analysing how to apply existing laws while respecting technological developments. At the same time, we are starting to use AI tools ourselves, because regulators must also stay at the cutting edge.
We have several ongoing legal challenges from platforms contesting our decisions. These cases will help us learn and improve. This is a fast-changing field, and our goal is clear: to become even better at protecting users, markets and democracy in Europe.”
Rita Wezenbeek is the Director of Platform Policy and Enforcement at DG CONNECT. The Directorate for Online Platforms and the Online Economy is responsible for policies applicable to online platforms and services, and in particular for overseeing the implementation and enforcement of the Digital Services Act and the Digital Markets Act, with a focus on their economic and market-related dimensions. These two regulations establish strong rules to ensure a safe, fair, and open platform economy for European citizens and businesses, and grant the Commission significant regulatory powers over the activities of gatekeepers and very large platforms and search engines.
