The commission cannot regulate Bluesky directly as it does not yet reach the threshold of more than 45mn monthly users in the EU to be designated a very large online platform.
So it’s a nothing burger and they’re not violating shit.
That’s not correct. The FT has not explained this clearly.
If an online platform has more than 45 million monthly users (~10% of EU population) then it is classified as a Very Large Online Platform. In that case, the Commission can directly make rules for it.
If it has fewer users, then it is still regulated by the Digital Services Act (DSA). The DSA claims jurisdiction over all platforms that have users in the EU. Among other things, they need to have a representative in the EU (IIUC). FWIW I’m pretty sure that lemmy is not compliant either.
DSA: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065&qid=1732567528372
Lemmy also doesn’t have a single owner. It would be crazy hard to comply if each instance had to have their own representative in the EU.
Or maybe since most Lemmy instances aren’t corporations it doesn’t matter? I bet only a lawyer could say for sure.
Instances that are established in the EU don’t need a representative. Instances outside the EU don’t really need to care. What’s the EU going to do about it? (I am not fully certain if they are in scope, unless they particularly target people in the EU.)
I doubt the average lawyer would be able to say much. The DSA is not something 99.9% of them will ever encounter. Anyway, it does not matter if the service is run by a corporation or an individual.
They have to disclose MAU and they are not.
“All platforms in the EU . . . have to have a dedicated page on their website where it says how many users they have in the EU and where they are legally established,” said commission spokesman Thomas Regnier. “This is not the case for Bluesky as of today. This is not followed.”
I sure hope this is not a platform.
It is, and I doubt it is compliant with the DSA (or the GDPR and whatever else).
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