The Relationship between the Digital Services Act and the Artificial Intelligence Liability Directive
Citation: , The Relationship between the Digital Services Act and the Artificial Intelligence Liability Directive, in: Jusletter IT 20 February 2025
The growing use of artificial intelligence (AI) in content moderation on digital platforms has transformed the regulation of user-generated content, but it also raises challenges when AI mistakenly classifies lawful content as illegal, leading to unjust removals and harm to users. In the European Union, the Digital Services Act (DSA) governs platform responsibilities, promoting transparency and user protections. However, it may need to fully address the risks posed by high-risk AI applications. To address these gaps, the EU introduced the AI Act and the proposed Artificial Intelligence Liability Directive (AILD). This paper examines how these frameworks interact, emphasizing the AI Act’s recognition of content moderation tools as high-risks, its human oversight requirements, and the AILD’s liability mechanisms for damages caused by AI errors. By synchronizing the DSA with AI-specific regulations, the paper highlights a pathway to enhance user protection and platform accountability in AI-driven content moderation.
Table of contents
1. Introduction
2. Problem Identification
3. Framework and Requirements under the Digital Services Act (DSA)
3.1. Transparency and Procedural Safeguards
3.2. Risk Management for Very Large Online Platforms (VLOPs)
3.3. Prohibition on General Monitoring Obligations
3.4. Due Diligence for Algorithmic Decision-Making
4. Obligations under the AI Act and Artificial Intelligence Liability Directive (AILD)
4.1. Risk Assessment and Management Obligations under the AI Act
4.2. Transparency and User Notification Requirements
4.3. Human Oversight Requirements
4.4. The Artificial Intelligence Liability Directive (AILD): Non-Contractual Civil Liability
4.5. Algorithmic Decision-Making and Compensation for User Harm
5. Conclusion: The Necessity of Dual Compliance for AI-Based Content Moderation
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