Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 38 Recommender systems
Summary What does Article 38 of the DSA regulation say?
This brief but targeted article builds directly on Article 27, which sets out general transparency requirements for recommender systems.
Going a step further, Article 38 imposes an additional obligation specifically on providers of very large online platforms and very large online search engines: they must offer users at least one alternative version of each recommender system they use that does not rely on profiling.
The definition of profiling referenced here comes from the EU's data protection framework under Regulation (EU) 2016/679 (the GDPR).
Important points:
- Providers of very large online platforms and very large online search engines that use recommender systems must offer at least one non-profiling-based option for each such system.
- This obligation is in addition to, not a replacement of, the requirements already set out in Article 27.
- The concept of "profiling" is drawn directly from GDPR (Article 4, point (4) of Regulation (EU) 2016/679), anchoring this requirement within the broader EU data protection framework.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
In addition to the requirements set out in Article 27, providers of very large online platforms and of very large online search engines that use recommender systems shall provide at least one option for each of their recommender systems which is not based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679.
Relevant recitals
Recital 94 Non-profiling options for recommender systems
The obligations on assessment and mitigation of risks should trigger, on a case-by-case basis, the need for providers of very large online platforms and of very large online search engines to assess and, where necessary, adjust the design of their recommender systems, for example by taking measures to prevent or minimise biases that lead to the discrimination of persons in vulnerable situations, in particular where such adjustment is in accordance with data protection law and when the information is personalised on the basis of special categories of personal data referred to in Article 9 of the Regulation (EU) 2016/679. In addition, and complementing the transparency obligations applicable to online platforms as regards their recommender systems, providers of very large online platforms and of very large online search engines should consistently ensure that recipients of their service enjoy alternative options which are not based on profiling, within the meaning of Regulation (EU) 2016/679, for the main parameters of their recommender systems. Such choices should be directly accessible from the online interface where the recommendations are presented.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
recipient of the service
Definition
online interface
Definition
information society service
Definition
recommender system
Definition
intermediary service
- a ‘mere conduit’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;
- a ‘caching’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;
- a ‘hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient of the service;
Definition
online platform
Definition
online search engine