Towards Meaningful Fundamental Rights Impact Assessments under the DSA

The EU's Digital Services Act (DSA) as of August 25, 2023, mandates large online platforms and search engines to assess systemic risks to fundamental rights arising from their services. A policy paper by the European Center for Not-for-Profit Law (ECNL) and Access Now emphasizes the implementation of Article 34(1)b of the DSA, terming it "fundamental rights impact assessment" (FRIA). The paper highlights the absence of harmonized rules for conducting FRIAs and advocates for grounding assessments in the EU Charter of Fundamental Rights. It proposes harmonizing existing methodologies globally, focusing on mitigating risks to freedom of expression and information through meaningful and effective evaluations, with recommendations aiming to guide both the European Commission and the platforms in identifying and addressing the impacts of their services.