SYRAS · SYstemic Risks and fundamental rights: investigating Risk ASsessments in the Digital Services Act

The European Union is taking the lead in setting global standards for digital governance through risk-based legislation. A key example is the Digital Services Act (DSA), which imposes new obligations on Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), such as Google and Meta's platforms, to assess and mitigate the “systemic risks” arising from their services (Art. 34). These risks include impacts on fundamental rights, the spread of illegal content, and threats to civic discourse and well-being. Due to the novelty of these risk-based obligations, there is currently little scholarship on how systemic risks are being defined and operationalised by platforms and the role of civil society in contesting such assessments remains underexplored. Moreover, the open-ended nature of the concept of “systemic risk” may allow platforms wide discretion in defining and managing these risks, potentially prioritising economic or reputational concerns over users’ rights. SYRAS addresses these gaps by asking the question: ""To what extent is the notion of 'systemic risk' in the DSA suitable for protecting the fundamental rights of users affected by VLOPs and VLOSEs’ digital services?"" The project will analyse the first systemic risk assessments submitted by VLOPs and VLOSEs under Article 34 DSA and investigate the role of civil society in contesting or shaping them. The study will combine legal analysis and science and technology studies (STS) approaches on risk governance and public participation to understand how these new DSA obligations are being interpreted and implemented in practice. By focusing on the early stages of DSA enforcement, SYRAS aims to influence how systemic risk assessments are shaped before regulatory practices become entrenched. The project will contribute to a more transparent and robust understanding of risk in digital services, generating insights relevant to future risk-based regulation under EU digital and data laws.""