Asserting “Digital Sovereignty” to Rein in Platform Power? European Regulatory Instruments and Their Limitations

In the context of a growing debate on adequate policy responses to Big Tech dominance (Moore & Tambini, 2022), the enactment of the Digital Services Act (DSA) and the Digital Markets Act (DMA) highlight the European Union’s political efforts to regulate major digital platforms (Bietti, 2021). While the DMA focuses on ensuring fair competition in digital markets, the DSA aims to regulate digital public spaces by addressing the responsibilities of platforms in managing online content.

The EU is thus actively engaged in a global race for “digital sovereignty” – a concept that, while somewhat vague, has been widely discussed (Floridi, 2020; Roberts et al., 2021). In a bid to protect its citizens and promote the emergence of European tech champions, the EU is developing a framework of “digital constitutionalism” (Suzor, 2010, 2018; de Gregorio, 2021; Celeste, 2023). This approach involves a comprehensive legislative arsenal and new investigative and sanctioning powers aimed at regulating digital platforms.

Our research focuses specifically on the regulation of digital public spaces, through the lens of DSA negotiations and implementation. Key questions include: What policy approach underpins the DSA? What regulatory instruments does it offer? At what level should they be applied and what are their limitations? Ultimately, does the DSA empower European states to counterbalance the influence of Big Tech?

To address these questions, we carried out documentary analysis and qualitative fieldwork. We conducted 19 interviews with members of the administrations involved in negotiating and implementing the DSA, and with stakeholders active in shaping the legislation.Our analysis delves into the origins of the DSA at national and international levels.We then assess the DSA’s regulatory instruments to understand their impact on the division of powers within the digital regulation chain, involving the European Commission, EU Member States, social media platforms and citizens.