Under Articles 34 and 35 of the Digital Services Act (DSA), very large online platforms (VLOPs) and very large online search engines (VLOSEs) need to assess systemic risks to fundamental rights stemming from the design, functioning or use of their services with a view to adopt reasonable, proportionate and effective mitigation measures. When doing so, they need to consider among other things how their content moderation and curation systems influence these systemic risks to fundamental rights, including, but not limited to, the rights to privacy and data protection. At the same time, Article 40 of the DSA provides for new possibilities for researchers to look into such systemic risks and mitigation measures taken. While efforts to further streamline these endeavours continue, developing methodologies for assessing systemic risks to fundamental rights on online platforms and progress over time will be crucial for the effective implementation and enforcement of the DSA.
