Taming the Titans? – Digital Constitutionalism and the Digital Services Act

The study examines the Digital Services Act (DSA), a landmark regulation in EU platform regulation with a focus on its impact on user safety, transparency, and accountability for Very Large Online Platforms and Search Engines (VLOPSE). Using a legal-theoretical approach grounded in digital constitutionalism, we evaluate the provisions concerning risk and crisis mechanisms as well as accountability issues. Our findings reveal that the DSA introduces significant advancements in platform regulation and governance but also faces limitations in practical implementation and consistency, particularly in preserving digital liberties and addressing systemic risks.