DSA: Bluesky wants to fulfill EU requirements

The short message service Bluesky wants to comply with the rules of the Digital Services Act (DSA) and provide information on contact persons and user numbers requested by the EU Commission. Bluesky is talking to its lawyer about how it could provide the requested information, a spokeswoman told Bloomberg. Bluesky has not yet responded to a request from heise online.

The EU Commission stated on Monday that Bluesky, like other social media, is subject to the DSA and must provide certain information. So far, the company, which is based in the USA, has not fulfilled these obligations. The Commission has now asked the DSA coordinators of the member states whether they have this information.

Federal Network Agency is involved

In Germany, this "Digital Services Coordinator" (DSC) is based at the Federal Network Agency. The regulatory authority is therefore also responsible for compliance with the DSA rules in Germany. The Federal Network Agency confirmed on request that the EU Commission had asked the Digital Services Coordinators of the various member states last week.

"We were recently asked, together with other DSCs, whether there is a branch of Bluesky or a legal representative in Germany or whether a legal representative has been appointed," confirmed a spokesperson for the Federal Network Agency in response to an inquiry. "In addition, the EU Commission has asked whether Bluesky has contacted the German DSC in relation to obligations under the DSA. The German DSC has denied all three points."

There is apparently still confusion over the details of which obligations the platforms have to fulfill and how. It is undisputed that Bluesky is not yet classified as a very large online platform – in the EU nomenclature "Very Large Online Platform" or "VLOP" –. The EU Commission classifies a media service or online retailer as a VLOP if it has more than 45 million users per month in the EU.

So far, companies such as Google (Play Store, Maps, YouTube), Meta (Facebook, Instagram), Microsoft (Linkedin), Booking and trading platforms such as Amazon or Temu as well as porn portals have been classified as VLOPs by the EU. Wikipedia is also on the list. Some of the companies – Amazon, Pornhub and Zalando – are taking legal action against the classification and the DSA requirements. The proceedings are still ongoing.

Bluesky, which recently had 20 million international users, is not one of them. However, according to the DSA, even platforms that do not exceed the threshold of 45 million EU users must provide a contact person and provide regular information on the number of EU users. Opinions still differ as to how Bluesky should do this.

Exceptions for smaller platforms

The DSA provides for exemptions for smaller companies that have fewer than 50 employees and whose annual turnover does not exceed 10 million euros. Bluesky is likely to fall into this category – However, the non-profit company has not yet provided any precise details. However, these smaller companies must also provide the DSC responsible for them or the Commission with information on contact persons and monthly user numbers.

The DSA stipulates that these small companies must provide their user figures on request. Whether this means that they have to do this publicly on a separate website, like larger platforms, is likely to be a matter for the lawyers to fight out with the Commission.

Bluesky is not yet a VLOP, which is why it is not subject to the stricter requirements and direct regulation of the Commission. This means that the authorities of the member states are responsible. Because Bluesky is used throughout the EU, in principle every DSC in the EU is. Bluesky must act at the latest when one of the national coordinators becomes active. The first DSC to take up the case will then do so on behalf of the other DSCs.

This will not be the German coordinator for the time being: The Federal Network Agency sees no need for action for the time being. The Bonn-based authority has answered the Commission's questions, a spokesperson confirmed to heise online. This means that the case is closed for the German DSC for the time being: "No further steps are required at present."

(vbr)