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Article 34(1) DSA establishes a requirement to “diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services”.

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Article 35(1) DSA requires that providers of VLOPs and VLOSEs take reasonable, proportionate and effective mitigation measures tailored to the systemic risks identified in their risk assessments.

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This first edition of the yearly reports pursuant to Article 35(2) DSA is therefore also an occasion to highlight that the risk management framework is a cornerstone of the DSA and, as such, it is a tool to support the protection of fundamental rights online.

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Against this backdrop, the Board and the Commission recall that Article 34(1)(b) DSA requires VLOPs and VLOSEs providers to diligently identify, analyse and assess any actual or foreseeable negative effects for the exercise of fundamental rights.

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Transparency around content moderation: Article 17 DSA requires transparency around criteria for content moderation decisions, which includes “shadow banning” practices.

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Addressing biases in recommender systems: Articles 27 and 38 DSA introduced new tools to prevent or minimise biases in recommender systems by creating a requirement for providers of VLOPs and VLOSEs to allow users to be able to enjoy alternative options which are not based on profiling.

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Article 42 DSA further requires that these reports on risk assessments be submitted to the Commission and the DSC of their Member State of establishment and be made available to the public.

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The Commission published a Q&A on risk assessment reports, audit reports and audit implementation reports under Article 42 DSA in November 2024 in order to provide more information about the reporting and publication obligations6.

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VLOSE providers designated in April 2023 have published audit implementation reports; Articles 15, 24 and 42(2) DSA transparency reports made available to the public o by VLOPs and VLOSEs providers on content moderation; The DSA Transparency Database7 that makes all Article 17 DSA statements of o reasons available to the public.

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Future iterations of the yearly Article 35(2) DSA reports will benefit from further scientific insights based on data accessed via the mechanism of data access for researchers under Article 40 DSA.

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This chapter follows the structure of Article 34(1) DSA in presenting an overview of the most prominent and recurrent systemic risks that may stem from VLOPs and VLOSEs.

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The existence of a systemic risk means that the providers of VLOPs and VLOSEs must take measures to mitigate that risk (see Chapter 4 of this report on mitigation measures).

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These are for illustration purposes only, in order to provide the reader with examples of how certain systemic risks have been presented by providers or CSOs.

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Furthermore, the choice and order of the quotes do not indicate that the risks they illustrate would be more important compared to other risks.

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Illegal content Contributing to combatting the dissemination of illegal content is a central objective of the DSA, as affirmed in several recitals, including recital 12, which emphasises the importance of “a safe, predictable and trustworthy online environment”.

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Article 34(1)(a) DSA requires that the risk assessments of designated VLOPs and VLOSEs include the systemic risks related to “the dissemination of illegal content through their services”.

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This Section (and the rest of the report) uses in-line titles introduced at the beginning of certain paragraphs in bold and italics.

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Systemic risks related to the dissemination of illegal products, services and activities, have been identified across all VLOPs and VLOSEs providers, in particular by online marketplaces (e.g. dangerous, non-compliant and/or counterfeit products), social media platforms (e.g. violent activities) and application stores (e.g. apps containing malware).

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Most VLOPs and VLOSEs providers and various CSOs have identified systemic risks related to the dissemination of CSAM, concerning in particular social media platforms and search engines.

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Specifically, providers reported risks that their users may be exposed to illegal content that sexualises minors, glorifies or facilitates child abuse, as well as grooming and sextortion.

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The risk of IP rights violations was also recognised by certain providers as well as by the European Observatory on Infringements of Intellectual Property Rights of the EU Intellectual Property Office (“EUIPO”) with regard to apps available on application stores, such as copycat apps or apps used to provide access to pirated content, particularly sports.

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Online marketplaces have reported various systemic risks related to consumer, some of which overlap with, inter alia, illegal content, such as the sale of noncompliant products or financial scams.

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Examples of observations concerning systemic risks related to illegal content: Zalando, 2024 DSA risk assessment report, pp.

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6-7: “Zalando’s online platform could be subject to the risk of spreading illegal content through either products themselves, products’ presentation, advertising or communication content as well as customer reviews.

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This Section provides an overview of systemic risks on selected fundamental rights listed under Article 34(1)(b), on the basis of the VLOPs and VLOSEs providers’ risk assessment reports and CSOs’ observations.

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Article 35 DSA requires that providers of VLOPs and VLOSEs take mitigation measures that are reasonable, proportionate and effective.

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Over-moderation may negatively affect civic discourse and create risks of negative effects on the fundamental right to freedom of expression and information.

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42: “Abuse and harassment, hateful conduct, violent speech and privacy violations can result in risks to freedom of expression, through harms such as censorship resulting from enforcement of platform policies as well as self-censorship from users who experience abuse and harassment on the platform”.

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Systemic risks to the fundamental right to non-discrimination enshrined in Article 21 of the Charter have been mentioned in the risk assessment reports of VLOPs and VLOSEs providers, in particular social media and search engines, highlighting systemic risks stemming from the large-scale dissemination and amplification of content that may reinforce discriminatory views.

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18, mentioned that “content moderation and discrimination detection systems may well have some limitations due to the difficulties in detecting certain types of discriminatory content (e.g., local dialects or symbols)”.

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Systemic risks to the rights of the child enshrined in article 24 of the Charter that were identified concerned mainly child safety and the protection of minors, which are presented in detail in Section 3.4 below.

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In addition to the systemic risks to consumer protection related to illegal content mentioned in Section 3.1, other related systemic risks related to the right to consumer protection enshrined in Article 38 of the Charter have been reported by providers of VLOPs and VLOSEs and CSOs/ These concerned for example, with regard to online marketplaces, non-compliant products (e.g. products without CE marking), misleading and unfair commercial practices addictive design, fraud, scams, deceptive advertising, fake engagement, fake user reviews or the misrepresentation of business or product information.

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1: “Monetization systems can have even more far-reaching consequences [than other risk factors of Article 34(2) DSA] by providing powerful financial incentives and channelling, or withholding access to, not only content, but financial resources”.

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Systemic Risks to the fundamental rights to private and family life and data protection enshrined in Articles 7 and 8 of the Charter have been mentioned by providers and CSOs.

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39: “Absent adequate controls, the likelihood of developers seeking to publish apps capable of giving rise to actual or foreseeable negative effects on the rights to human dignity and respect for private and family life would be high, and the severity of such risks could vary from modest to extreme (for example, in the cases of CSAM, so-called “revenge pornography”, “deepfakes”, etc.)”.

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29: “[T]he search index may enable easy retrieval of information about an individual that falls within their private sphere and that the individual did not intend or consent to make available publicly, such as non-consensual intimate imagery (NCII) (also known as “revenge porn”), or extremely sensitive personal information that could create risks of identity thefts such as credit card numbers, medical records, etc.”.

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The European Democracy Action Plan defines disinformation as “false or misleading content that is spread with an intention to deceive or secure economic or political gain and which may cause public harm” and misinformation as “false or misleading content shared without harmful intent though the effects can still be harmful”12.

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Several VLOPs and VLOSEs providers have agreed, under the Code of Practice on Disinformation, and/or its successor, the Code of Conduct on Disinformation13, to build on these definitions.

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Systemic risks to the collective good of a well-functioning civic discourse are closely interlinked with users’ fundamental rights, including the right to freedom of expression and information (see Section 3.2).

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Many VLOPs and VLOSE providers have reported actual or foreseeable negative effects on civic discourse as driven by the large-scale dissemination of disinformation and misinformation, including through foreign interference and information manipulation (“FIMI”) campaigns, as well as coordinated inauthentic behaviour, both on and off-platform.

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Providers and CSOs have reported systemic risks linked to the viral dissemination of disinformation and misinformation during or following crises, whether natural or human made.

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Such systemic risks often manifest in real-time, when the visibility and impact of content is amplified by recommender systems and heightened user engagement.

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55: “[E]xternal events may result in bad actors misusing X to spread false or misleading information, as well as conduct coordinated attacks to target public security.

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13: “Concentrated content [footnote 5: Note that this was referred to as ‘filter bubbles’ in the Year 1 Report.] is a relevant risk that has been widely documented by civil society.

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Gender-based violence, public health, protection of minors, physical and mental wellbeing Article 34(1)(d) DSA requires that providers of VLOPs and VLOSEs must assess: “any actual or foreseeable negative effects in relation to gender-based violence, the protection of public health and minors and serious negative consequences to the person’s physical and mental wellbeing”.

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Systemic risks related to GBV are therefore also relevant to systemic risks mentioned above in Section 3.1 on illegal content and Section 3.2 on non-discrimination.

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Several providers and CSOs noted that dehumanising speech, exclusionary narratives, such as content promoting segregation and discrimination, and coordinated harassment may contribute to hostile online environments, which in turn may ultimately undermine users’ freedom of expression and participation in public discourse.

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Some social media platform providers have also reported the specific targeting of female public figures, such as politicians, journalists and activists, which also raise concerns about the broader impact of such risks on civic discourse (see also Sections 3.2 and 3.3 on systemic risks to the fundamental right to freedom of expression and information on systemic risks to civic discourse).

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66: “We also recognise that LGBTQIA+ community as well as public figures like female politicians, especially female politicians of colour, are targets of bullying and harassment at a disproportionate rate.

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In certain cases, providers and CSOs have further identified systemic risks related to large-scale coordinated health disinformation and misinformation and manipulated media used for economic or political purposes.

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127, mentioned the existence of a “Risk that Search results include information about medical conditions, treatments, vaccines, or homeopathic remedies that are inaccurate, unsafe, or otherwise not appropriate or advisable based on an individual’s condition”.

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Most VLOPs and VLOSEs providers, in particular social media platforms and search engines, as well as CSOs have mentioned systemic risks related to the protection of minors.

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Additionally, providers have reported systemic risks related to the exposure to violent content, social media, and live-streaming environments, (peer-to-peer) bullying, harassment, targeted abuse, stalking, doxing, child non-sexual abuse.

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Two additional concerning trends have emerged: (1) AI-generated results reinforcing harmful stereotypes, disproportionately affecting vulnerable children; and (2) the emotional manipulation of children through AI chatbots and companions”.

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190, under the header “Filter bubble”: “There is a risk therefore that, without safeguards, the algorithm will tag users who view content that may not be harmful on its own as being interested in that content and that repeated and frequent exposure to that content could be harmful”.

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66: “Bullying and Harassment is associated with the Civic Discourse and Elections, Gender-based Violence, and Protection of Minors Systemic Risk Areas in the DSA.

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This Chapter essentially follows the structure of Article 35(1) DSA in presenting an overview of the main categories of measures mentioned by providers and CSOs to mitigate systemic risks.

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Each Section of this Chapter corresponds to one or several sub-paragraphs of Article 35(1), except for Article 35(1)(j) which does not have a dedicated Section because mitigation measures related to the rights of the child are presented throughout the others.

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The remarks on recital 90 of the DSA from Chapter 1 and from the introduction to Chapter 3 above are thus also relevant with regard to the identification of reasonable, proportionate and effective mitigation measures.

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Design, features and functioning of the services, including online interfaces Article 35(1)(a) DSA refers to the following mitigation measures for providers to put in place: “adapting the design, features or functioning of their services, including their online interfaces”.

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Terms and conditions and their enforcement Article 35(1)(b) DSA refers to the following mitigation measures for providers to put in place: “adapting their terms and conditions and their enforcement”23.

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The use of content filters based on age for minors has also been mentioned (e.g. different filters for suspected under 13 users, for users between 13 and 15, for users between 16 and 18).

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Algorithmic systems including recommender systems Article 35(1)(d) DSA refers to the following mitigation measures for providers to put in place: “testing and adapting their algorithmic systems, including their recommender systems”.

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Advertising systems Article 35(1)(e) DSA refers to the following mitigation measures for providers to put in place: “adapting their advertising systems and adopting targeted measures aimed at limiting or adjusting the presentation of advertisements in association with the service they provide”.

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To keep the focus of this report on the DSA, rules set out in other pieces of Union legislation concerning advertising, such as the Regulation on Transparency and Targeting of Political Advertising25, are not discussed here with regard to potential mitigation measures.

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Risk detection and challenges related to the misuse of the services, content and account authenticity Article 35(1)(f) DSA refers to the following mitigation measures for providers to put in place: “reinforcing the internal processes, resources, testing, documentation, or supervision of any of their activities in particular as regards detection of systemic risk”.

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Trusted flaggers Article 35(1)(g) DSA refers to the following mitigation measures for providers to put in place: “initiating or adjusting cooperation with trusted flaggers in accordance with Article 22 and the implementation of the decisions of out-of-court dispute settlement bodies pursuant to Article 21”.

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Codes of conduct Article 35(1)(h) DSA refers to the following mitigation measures for providers to put in place: “initiating or adjusting cooperation with other providers of online platforms or of online search engines through the codes of conduct and the crisis protocols referred to in Articles 45 and 48 respectively”.

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As stated in the Commission Opinion on the assessment of the Code of Practice on Disinformation: “the Code of Practice on Disinformation can serve as a significant and meaningful benchmark of DSA compliance for the providers of VLOPs and VLOSEs that adhere to and comply with its Commitments”26.

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Developments in the implementation and enforcement of other DSA provisions such as the data access mechanisms of Article 40, and notably the research outputs resulting from such data access, will contribute to the wealth of information that will feed into an ever better understanding of systemic risks as well as mitigation measures under Articles 34 and 35 DSA.

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