The European Commission takes actions against five EU member states for insufficient implementation of the Digital Services Act
Importance of the DSA
The DSA is an EU flagship legislation for regulating online platforms, including social networks, marketplaces, and content-sharing platforms. The purpose of the DSA is to:
- Safeguard user rights in the digital space.
- Hold platforms accountable for harmful or illegal content.
- Create a competitive and open online marketplace.
The role of the Digital Services Coordinators (DSCs)
DSCs are vital to the governance of the DSA. Their primary role is to oversee compliance, enforce the regulation, and work in collaboration with the European Commission. These coordinators ensure consistent application of the rules across all Member States, promoting uniformity in addressing issues such as content moderation, user safety, and online platform accountability. Without fully operational DSCs, core objectives of the DSA cannot be effectively achieved.
Obligations of the member states
Member States were required to make an appointment of at least one competent authority to enforce the DSA and name one of them as the national DSC. The deadline to take this measure was 17 February 2024. Also, the EU member states are obliged to strengthen their DSCs so they can perform their duties set out under the DSA and to establish penalty provisions for potential violations of the DSA.
Failures of the five EU member states
The five EU member states have not taken the necessary steps for the proper implementation of the above measures. In particular:
- Poland failed to appoint and strengthen a national DSC, a key entity for DSA enforcement.
- Czechia, Spain, Cyprus, and Portugal have properly designated their DSCs but they did not provide them with the appropriate strengths to fulfil their responsibilities under DSA.
- None of the aforementioned states established the required rules on penalties for DSA violations.
Enforcement process
The European Commission initiated infringement procedures against these Member States earlier in 2024 through formal notices and reasoned opinions. Despite these efforts, the required actions were not taken by the five EU countries, leading to the decision to involve the CJEU. This step underscores the European Commission’s commitment to ensuring uniform implementation of the DSA and holding member states accountable.
For more information the official press release can be accessed here.
