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<p>The European Union’s Digital Services Act requires very large online platforms and search engines providers to assess and mitigate systemic risks. However, regulators and providers both face a fundamental challenge we refer to as the ‘convergence problem’—the inherent difficulty of achieving methodological and definitional agreement across diverse approaches investigating systemic risks. To address this challenge, we propose a novel dual-track framework that distinguishes between a permissive <i>Research Standard</i> promoting methodological diversity and a structured <i>Compliance Standard</i> ensuring accountability through systematic documentation. This approach enables meaningful oversight while preserving space for innovation and platform-specific adaptation, offering a model for regulating emerging technologies that balances regulatory certainty with methodological flexibility. In a self-contained Appendix, we discuss how systemic risk is approached in the recent European Union’s AI Act instead.</p>

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Regulating the Undefined: Addressing Systemic Risks in the Digital Services Act (with an Appendix on the AI Act)

  • 期刊论文

  • 发表日期：

    2025年6月11日

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  • Michele Loi,
  • Matteo Fabbri,
  • Andrea Ferrario

摘要

The European Union’s Digital Services Act requires very large online platforms and search engines providers to assess and mitigate systemic risks. However, regulators and providers both face a fundamental challenge we refer to as the ‘convergence problem’—the inherent difficulty of achieving methodological and definitional agreement across diverse approaches investigating systemic risks. To address this challenge, we propose a novel dual-track framework that distinguishes between a permissive Research Standard promoting methodological diversity and a structured Compliance Standard ensuring accountability through systematic documentation. This approach enables meaningful oversight while preserving space for innovation and platform-specific adaptation, offering a model for regulating emerging technologies that balances regulatory certainty with methodological flexibility. In a self-contained Appendix, we discuss how systemic risk is approached in the recent European Union’s AI Act instead.