Codes of Conduct in the Digital Services Act

Functions, Benefits & Concerns

Abstract

Articles 45-47 of the Digital Services Act provide for codes of conduct to ‘contribute to the proper application’ of the Act. Codes could therefore significantly shape the DSA’s implementation and its effectiveness. This article provides the most detailed analysis to date of the role of codes in the DSA, making three key contributions. First, it maps the functions and legal status of DSA codes, showing that they create de facto legal obligations for the largest platforms. This underlines the need to consider how they will shape the DSA’s interpretation. Second, the article argues that codes could significantly strengthen platform companies’ accountability by providing more detailed standards, mandating risk mitigation measures in under-addressed areas, and broadening stakeholder participation. Third, however, it identifies potential disadvantages such as capacity limitations, corporate capture, and legitimacy and accountability issues.