How to Facilitate Data Access under the Digital Services Act

3 Pages Posted: 25 May 2023

See all articles by Martin Husovec

Martin Husovec

London School of Economics - Law School

Date Written: May 19, 2023


Article 40 is a key provision for the Digital Services Act (DSA). Without it, the DSA’s risk mitigation system will be very weak and resemble a formalistic exercise. Only the active participation of researchers can assure full accountability of providers (and regulators) to the latest scientific advances. Article 40 DSA is a bridge for researchers and an invitation to important social science research. Researchers’ active presence also minimises the need for regulators to seek direct data access to sensitive data held by platforms and thus improves everyone’s privacy. However, to reap the benefits of Article 40, several issues must be clarified by the European Commission and facilitated by various actors in the coming years. This response to the public consultation highlights several key issues that need to be addressed by the European Commission: (1) What is the intended geographical scope of Article 40, (2) How Article 40 fits into a typical research cycle, (3) How to facilitate scraping under Article 40(12), (4) When can companies legitimately invoke trade secrecy, (5) How to effectively resolve the data access disputes, (6) How to get more researchers involved.

Keywords: data access, DSA, online platforms, research

JEL Classification: K10

Suggested Citation

Husovec, Martin, How to Facilitate Data Access under the Digital Services Act (May 19, 2023). Available at SSRN:

Martin Husovec (Contact Author)

London School of Economics - Law School ( email )

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