Systemic risks of dominant online platforms: A scoping review

The 2022 EU Digital Services Act (DSA) is a major milestone in the regulation of online platforms and search engines, and the way that they affect democratic societies. At its core, the DSA lays down rules and obligations for online platforms and search engines to identify, assess and mitigate “systemic risk” arising from their design, functioning or use. Although it is the DSA that introduces this term in EU platform regulation, its definition has been criticised as being overly broad and providing limited legal clarity. In response, we conducted a PRISMA-based scoping review and thematic analysis of past literature and case law concerned with the definition of “systemic risk.” This literature review reveals key themes inherent to systemic risks to clarify when a risk crosses the threshold of systemic: structural characteristics, sources, and societal impact of systemic risks. Upon this basis we develop a framework to guide researchers, policymakers and platforms in assessing when a risk triggers the “systemic” threshold. This article thereby contributes to the literature by providing a sound theoretical foundation for systemic risks to fundamental rights arising from online platforms.