ERU, Alm.del - 2022-23 (2. samling) - Bilag 164: Notat samt høringssvar vedr. adgang til meget store onlineplatforme og onlinesøgemaskiners data, fra erhvervsministeren

Erhvervsudvalget 2022-23 (2. samling)
ERU Alm.del Bilag 164
Offentligt

11 May 2023

2023 - 6017

cetono

Denmark’s response to the Call for Evidence on Delegated Regulation

on data access provided for in the Digital Services Act

The Danish Government fully supports the aim of the Digital Services Act

to create a more responsible digital economy, where the biggest online plat-

forms and online search engines will have to take more responsibility in

creating a safer online environment.

The Danish Government welcomes the provisions on access to data for re-

searchers and the Digital Services Coordinator provided for in the Digital

Services Act and appreciates the opportunity to comment on the Commis-

sion’s Call for Evidence.

The Danish Government considers it particularly important that the dele-

gated act to the greatest extent possible supports and ensures access to data.

This includes setting clear guidelines for access and establishing uniform

processes.

In this regard, the Danish Government highlights that:

•

Transparency and access to data is a prerequisite for research on

systemic risks.

•

Access to data and the data itself should be based on recognised

technical standards and equipment, software and services generally

available in the market for researchers. Moreover, access to data

should be given in a timely and effective manner and without undue

delay.

•

Consistent assessments for vetting researchers across Digital Ser-

vices Coordinators is essential. The Danish Government suggests

using standard templates during the application process.

•

Rules on transparency should respect the protection of the rights

and legitimate interests of the very large online platform or the very

large online search engine, including trade secrets or confidential

information.

ERU, Alm.del - 2022-23 (2. samling) - Bilag 164: Notat samt høringssvar vedr. adgang til meget store onlineplatforme og onlinesøgemaskiners data, fra erhvervsministeren

2/4

Transparency is a corner stone in creating a well-balanced and effective

legal framework, which will ensure a safer online environment for recipi-

ents and protect fundamental rights. For instance, data on algorithmic sys-

tems of very large online platforms and very large online search engines

will enable research into the impact of such systems on our citizens and

society as such. Access to data is a prerequisite for being able to analyse

and assess systemic risks and for establishing a resilient system of risk mit-

igation.

Access to data could enable research on the possible detrimental effects on

the democratic dialogue and freedom of speech. For example, it can enable

research into potential consequences of algorithms that give extra weight

to content prompting emotional reactions, and where such content as a con-

sequence is more prominently ranked. Another example could be research

on the societal effects of a prolonged timespan from notification of illegal

content until removal of the content. Data and analysis on the evolution and

severity of systemic risks of the very large online platforms or very large

online search engines are particularly important, and the delegated regula-

tion should enable access to data on unknown future systemic risks.

The Danish Government underlines that access to data and the data itself

should be available and based on recognised standards to prevent unrea-

sonable or disproportionate barriers to access such data. For example, ac-

cess to data should not be conditional on the acquisition of special propri-

etary equipment with the sole function of providing access to data from a

specific service provider. Equipment, software and services that are prereq-

uisites for access to and processing of such data should thus be generally

available in the market for researchers.

It is important for the Danish Government that access to data is given in a

timely and effective manner and without undue delay. Article 40 in the

Digital Services Act sets out that providers of very large online platforms

or of very large online search engine shall provide access to data within a

reasonable period specified in the request. The timeframe is not further

elaborated. The Danish government is of the opinion that the understanding

of and parameters for determining what a ‘reasonable period’ is, should be

specified in the delegated act in order to provide legal certainty. Such spec-

ification should

–

among other things

–

be made with due regard to the

difficulty in retrieving the relevant data on one hand and the deadlines for

and timeliness of the research on the other hand.

ERU, Alm.del - 2022-23 (2. samling) - Bilag 164: Notat samt høringssvar vedr. adgang til meget store onlineplatforme og onlinesøgemaskiners data, fra erhvervsministeren

3/4

The Danish Government supports that the Digital Services Coordinator, in

specific requests and with reference to article 40, can specify the technical

means or the interfaces through which providers shall provide access to the

very large online platform or very large

online search engine’s databases

or algorithmic systems. In this connection, and in order to ensure effective-

ness, the Danish Government is of the opinion that it should be underlined,

that transmission of documents, databases or any other information to and

from the Digital Services Coordinator should take place by digital means.

Regarding the specific data access needs, and as response to question 1 in

the Call for Evidence, the Danish Government refers to the attached annex.

The Danish Government stresses the need for a consistent assessment

across Digital Services Coordinators when assessing the conditions to be

certified as vetted researchers. In order to promote a consistent assessment

it could be considered to require that applications from researchers accord-

ing to article 40(8) are based on a standard template. This will ensure that

all information is submitted initially and will ease the communication

amongst Digital Services Coordinators and the Commission and facilitate

comparability. Also, already established mechanisms, such as the Infor-

mation Sharing System in article 85, could be used for communicating

names of persons or entities to which the Digital Services Coordinator has

awarded the status of ‘vetted researcher’ according to article 40(11).

Lastly, ambiguities in article 40(8) should be clarified. For instance, it

should be elaborated and clarified under what conditions a researcher is no

longer independent from commercial interests according to article 40(8)(b).

The Danish Government supports establishing an independent advisory

mechanism to support researchers in their applications for data access. The

advisory mechanism should assist researchers in their application process

and support them in complying with rules on data protection and confiden-

tiality.

Finally, the Danish Government underlines that rules on transparency

should respect the protection of the rights and legitimate interests of the

very large online platform or the very large online search engine. This in-

cludes protection of trade secrets or confidential information

–

including

algorithms

–

of the very large online platform and the very large online

search engine. At the same time, the Danish government finds it important

ERU, Alm.del - 2022-23 (2. samling) - Bilag 164: Notat samt høringssvar vedr. adgang til meget store onlineplatforme og onlinesøgemaskiners data, fra erhvervsministeren

4/4

to specify when information is considered trade secrets or confidential, as

ambiguities in this regard may result in misuse. For example, providers

should not be able to reject all requests with reference to confidentiality.