Practical Application

Phased Implementation Timeline and Experience: Meta designated VLOP for Facebook and Instagram April 25, 2023 per Article 33. Article 92 triggers 4-month compliance period. Meta must comply with Articles 33-43 enhanced obligations by August 25, 2023. Meta's preparation activities May-August 2023: Conduct comprehensive Article 34 systemic risk assessments examining Facebook and Instagram for systemic risks including illegal content dissemination, fundamental rights impacts (privacy, freedom of expression, non-discrimination), civic discourse and electoral process effects, mental health impacts particularly on minors, gender-based violence facilitation. Assessment identifies multiple high-priority risks requiring Article 35 mitigation. Implement Article 35 risk mitigation measures including: enhanced content moderation systems for illegal content with faster detection and removal, algorithmic modifications reducing recommendation amplification of harmful content to minors, election integrity protections limiting misinformation spread during electoral periods, transparency tools enabling users to understand content moderation decisions and algorithmic curation. Establish Article 41 independent compliance function reporting directly to Meta Board of Directors, staffed with 200+ compliance professionals, responsible for monitoring DSA compliance, conducting internal audits, reporting to Commission and Irish DSC. Contract Article 37 independent auditors (major accounting firms with technology audit capabilities) to conduct first annual audit verifying compliance with enhanced obligations (first audit due by April 25, 2024 - one year post-designation). Implement Article 40 researcher data access systems establishing application portal, review procedures, data access protocols enabling qualified researchers to access public data for DSA-related research. Publish Article 42 enhanced transparency reports documenting risk assessments, mitigation measures, content moderation volumes, recommender system functioning. August 25, 2023 Meta complies with Articles 33-43. Operates under DSA enhanced regime for 6 months before general application. Smaller competitors (platforms with 20-40 million users, below VLOP threshold) still under pre-DSA regime until February 17, 2024. Creates temporary competitive dynamic: Meta subject to stricter transparency and risk mitigation requirements while some competitors operate without same obligations. However, justified by Meta's 350+ million EU users creating far greater systemic impact than smaller platforms. Commission and Irish DSC gain 6 months experience enforcing DSA against Meta before February 17, 2024 when enforcement extends to thousands of additional intermediaries. Learning from Meta enforcement informs guidance, implementation best practices, enforcement priorities for broader application. February 17, 2024 general application begins. Smaller platforms now subject to Articles 11-32 general intermediary obligations.