As digital platforms play an increasingly prominent role in societies around the globe, calls from policymakers, civil society, and the public for transparency, accountability and evidence-based regulation of these digital services have become louder and more urgent. Independent research seeking to provide such empirical evidence has either taken place in a legal gray zone, running the risk of legal retaliation, or depended on close collaboration with platforms. The Digital Services Act (DSA), adopted in 2022 and in force since 2024, promises to change this dynamic by clearly outlining under which conditions platforms must grant data access to researchers. The recently adopted Delegated Act on data access (DA) provided more detail on the implementation of this new right to data access for researchers.
This paper provides an overview of researchers’ initial practical experience with access to publicly available data based on Art. 40(12) DSA as well as an in-depth description of procedure for access as set out in Art. 40(4) DSA, thereby comprehensively characterising the data access options outlined in the DSA and DA. We outline key provisions and their underlying rationales to provide an overview of the goals, procedures and limits of DSA-based data access, as well as an account of external factors likely to weigh in its realisation. The goal is to offer a valuable point of reference for the European as well as global community of researchers considering applications under the DSA, as well as other stakeholders aiming to understand or support the development of robust data access frameworks.