In October 2023 the European Digital Media Observatory (EDMO) initiated a pilot project designed to test potential processes and procedures for implementation of researcher data access provisions under Article 40 of the EU Digital Services Act. The following offers a report on the key outcomes, takeaways, and recommendations from the pilot project.
The report is designed, in part, to provide feedback on the Article 40 draft Delegated Act, which the European Commission published on 29 October 2024; the findings from the pilot expressly inform our reactions to the draft.
- Researchers require mechanisms for updating their applications, including information relevant to GDPR obligations.
- Data provision processes are as important to the integrity of Article 40 as are researcher vetting procedures.
- An independent intermediary can help significantly streamline vetting processes, but timelines must be realistic.
- There will be a significant learning curve for all parties.
On the basis of these takeaways, the report offers a series of recommendations to both the European Commission and Digital Services Coordinators.
However, by providing a detailed description of the pilot, we hope that the report will also prove informative for all stakeholders involved in the implementation of Article 40.