In the digital age, your brand not only exists in the physical world but also has a strong presence in the online environment. However, besides great opportunities, cyberspace also contains many risks, especially the problem of counterfeit goods, trademark infringement and intellectual property violations. Recognizing this, the European Union (EU) has issued the Digital Services Act (DSA) as a new step to tighten the management of infringing content, protect businesses and consumers.
What Is The Digital Services Act (DSA)?
Effective from November 2022 and officially applied from the beginning of 2024, DSA is a set of EU regulations that imposes legal obligations on online platforms (marketplaces, social networks, search engines, etc.) to prevent, remove illegal content and protect users.
Key Points Of DSA You Need To Know
DSA focuses on some key contents such as:
- Algorithmic Transparency: Online platforms must be more transparent about how their algorithms work, especially how content is displayed to users.
- Illegal Content Control: Online platforms are responsible for quickly removing illegal content such as counterfeit goods, scams, copyright infringement, etc. when detected or reported.
- User Protection, Especially Children: DSA requires platforms to have measures to protect users, especially children, from harmful and inappropriate content.
- Effective Complaint Handling Mechanism: Users have the right to complain if they believe that their rights have been violated and the online platform must have a mechanism to receive and handle complaints quickly and transparently.
The Impact Of DSA On Brand Protection Activities
DSA is expected to create a new, healthier and safer "playing field" in the online environment, positively impacting brand protection activities:
- Reduce Counterfeit Goods: DSA provides a legal basis to require online platforms to quickly remove counterfeit products that infringe intellectual property rights.
- Enhance the Effectiveness of Monitoring and Handling Violations: Regulations on transparent information and periodic reports help businesses easily monitor, supervise and handle trademark infringements.
- Strengthen Consumer Confidence: A safer and more transparent online environment helps consumers feel secure when shopping and using services, thereby increasing brand reputation.
Vietnam's Digital Services Law: Towards A Safer Cyber Environment
While not centered on a single, specific law like the DSA, Vietnam has a system of laws and decrees regulating various aspects of digital services, including:
- The Law on Electronic Transactions (2005): This is the framework law governing online transactions, including e-commerce.
- The Law on Cyber Information Security (2015): This law focuses on protecting information systems, preventing unauthorized access, and dealing with cyberattacks.
- Decree 52/2013/ND-CP on E-commerce (amended and supplemented by Decree 85/2021/ND-CP): This decree details e-commerce activities, including consumer protection and the responsibilities of e-commerce platforms.
Some similarities between Vietnamese laws and the DSA include:
- Information Transparency: E-commerce platforms must fully disclose business information, including website ownership details (Article 29, Decree 52).
- Content Control: Platforms are responsible for removing violating information, deceptive advertisements, counterfeit goods, etc. (Article 38, Decree 52).
- Consumer Protection: Regulations on consumer rights protection in e-commerce activities are mentioned in the Law on Electronic Transactions and Decree 52.
However, Vietnam's legal system regarding digital services is still under development and needs to be updated and supplemented to keep pace with the rapid advancement of technology and global trends. Studying and referencing advanced models like the European DSA is essential for Vietnam to build a safer and more sustainable online environment.
Lameco Accompanies You In Protecting Your Brand In the Digital Age
Understanding the opportunities and challenges from the online environment, Lameco provides comprehensive solutions to help businesses effectively protect their brands:
- Internet Brand Monitoring: Early detection of brand infringement such as unauthorized use of logos, trademarks, selling counterfeit goods, etc.
- Violation Handling: Support businesses in removing infringing content, requesting compensation for damages, etc.
- Brand Protection Registration: Consulting and supporting businesses in registering for protection of trademarks, inventions, industrial designs, etc.
Contact Lameco today for detailed advice on effective brand protection solutions!
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