Navigating the fine line between GDPR and the Digital Services Act (DSA) can be a challenging feat for platforms in today’s digital landscape. The European Data Protection Board (EDPB) has recently issued guidelines to address this tension, providing clarity on how platforms can conduct proactive investigations while staying compliant with data protection regulations.
One of the key recommendations put forth by the EDPB is the use of legitimate interests as a lawful basis for platform investigations. This approach allows platforms to balance the need for conducting investigations to ensure the safety and security of their users with the requirements of data protection laws. By leveraging legitimate interests, platforms can demonstrate that the benefits of the investigation outweigh any potential impact on users’ privacy rights.
In addition to outlining the legal basis for platform investigations, the guidelines also emphasize the importance of transparency, accuracy, and conducting Data Protection Impact Assessments (DPIAs). Transparency is crucial in building trust with users and ensuring that they are informed about how their data is being used. Platforms are encouraged to be clear and upfront about the purposes of their investigations and the types of data that will be collected.
Accuracy is another key aspect highlighted in the guidelines, underscoring the need for platforms to ensure that the information gathered during investigations is reliable and up to date. Inaccurate data not only undermines the effectiveness of the investigation but can also lead to potential privacy violations.
Conducting DPIAs is also recommended as a best practice for platforms engaging in proactive investigations. DPIAs help platforms assess the potential risks to users’ privacy and implement measures to mitigate those risks. By identifying and addressing privacy concerns proactively, platforms can demonstrate their commitment to data protection and compliance with the GDPR and DSA.
To put these guidelines into practice, platforms can adopt a risk-based approach to their investigations, focusing on high-risk areas where proactive measures are necessary. For example, a social media platform may conduct investigations to detect and prevent online harassment or hate speech, citing legitimate interests as the legal basis for these activities.
Overall, the EDPB’s guidelines provide much-needed clarity for platforms seeking to navigate the complex intersection of GDPR and the DSA. By following these recommendations and prioritizing transparency, accuracy, and DPIAs in their investigative practices, platforms can strike a balance between protecting user data and fulfilling their obligations under the law.
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