LERU says NO to the Digital Services Act

The challenges for Higher Education Institutions (HEIs) in a digital world are prominently on LERU’s radar, as outlined in the LERU Data Statement. HEIs have namely become increasingly dependent on dominant platform companies. At the same time, they are subject to an avalanche of European data-related legislation, proposed and/or adopted since the launch in February 2019 of the European Strategy for Data. The repeatedly formulated key question “what is the exact scope of application of those new legislative frameworks vis-à-vis universities?” is still largely unanswered.

LERU is concerned because this legislation does not consider the specific nature of higher education, research, and innovation, as it is conceived with primarily, if not exclusively, other sectors in mind (big tech), and therefore has unintended consequences for universities. LERU therefore has repeatedly expressed its members’ concerns and proposed specific amendments to the European Commission (EC) and the European Parliament (EP) regarding these legislative proposals.

Currently, the Digital Services Act (DSA) proposal is taking centre stage in the universities’ concerns. The DSA regulates digital services in the EU’s Internal Market and introduces a common set of rules on intermediaries' obligations and accountability. These however also apply to not-for profit repositories, digital archives, and libraries, causing a significant administrative burden and a cost for universities.

Despite amendments in the European Parliament, institutional repositories keep on falling under the proposal. In the latest version approved by the EP (20 January 2022), it was decided to establish a waiver. The procedure to apply is heavy though, the application is examined and monitored by the Commission, which has the right to revoke the waiver at any time. This is unworkable red tape. Currently, the DSA negotiations are entering the final phase, the third trilogue took place on 15 March 2022.

Therefore, European universities, research performing organisations, research funding organisations, research libraries and repositories in Europe jointly launch a call for the exclusion of not-for-profit repositories, digital archives, and libraries from the obligations of the Digital Services Act.

LERU Secretary-General Kurt Deketelaere states:

“By disregarding the specific nature of the different activities of universities, this avalanche of EU data legislation, and the DSA in particular, causes significant collateral damage for universities. Even to the extent that it endangers their academic freedom and institutional autonomy. This is unacceptable.”

Read the joint statement here.