EU Explores Challenges in Enforcing Digital Services Act as New Directorate Aims for Harmonization
The European Union (EU) is grappling with the enforcement challenges presented by the implementation of the Digital Services Act (DSA). Despite the fact that the EU’s new directorate in charge of executing the DSA has not been fully established, it is already facing several obstacles, including the need for cooperation with other entities, harmonization within the bloc, and potential skill shortages.
Effective from 25 August, the DSA grants executive powers to the European Commission over 19 designated very-large online platforms (VLOPs) and very-large online search engines (VOSEs). A high-ranking EU official, speaking anonymously, expressed concern that platforms often lack awareness of the risks faced by their users. In response, the DSA has made it mandatory for platforms to conduct risk assessments.
However, this new obligation, along with requirements for audits of algorithms and other legal and regulatory tasks, creates enforcement challenges for the new EU directorate. Before the 24th of February 2024 deadline, the Commission must sign cooperation agreements with national regulatory authorities, EU agencies, and competence centers.
To establish a functional regulatory ecosystem at both the EU and national levels, the Commission is engaging in negotiations with authorities responsible for digital regulation in key EU countries such as France, Germany, Italy, Spain, Poland, as well as Ireland and the Netherlands. These national digital regulatory agencies will collaborate to form the European Board for Digital Services, which will coordinate efforts, define guidelines, and contribute to the execution of the DSA throughout the European Union.
Additionally, the Commission’s team needs to establish an agreement with Europol, the EU law enforcement agency, which is mentioned in the DSA and contributes to issues related to serious crimes. The new directorate must also collaborate closely with the recently established European Centre for Algorithmic Transparency, a team of 30 experts located in Sevilla and set up by the Commission’s science service, the Joint Research Center. These experts will support the Commission in areas such as online child protection, online crimes, and intellectual property violations.
Another challenge for the Commission is ensuring legal coherence between the DSA and national digital implementation laws, to foster a fully harmonized digital single market. A specific department within the Commission has been dedicated to this task, and it will coordinate its work with the Court of Justice of the European Union.
According to a Commission spokesperson, the new directorate expects to have a full-time team of 123 people by 2024, comprising legal experts, data scientists, and policy officers. However, some experts have expressed concerns about potential skill shortages, as the legal obligations of the DSA require highly specific skill sets that may not yet be widely available. Nonetheless, the EU official believes that there are sufficient experts in the field and cites the General Data Protection Regulation, which did not face skill shortages after its implementation in 2018. While acknowledging that caution is required, the official believes that enough business opportunities have been created since the DSA was voted in 2022.
Overall, the EU is committed to addressing the challenges in enforcing the DSA and ensuring harmonization across member states. By forging partnerships, cooperating with national and EU entities, and bridging skill gaps, the EU aims to build a robust regulatory framework for the digital market.
In summary, the EU is taking on the enforcement challenges of the Digital Services Act through its new directorate, which seeks cooperation with national authorities to harmonize digital regulation. The EU faces obstacles such as fostering cooperation agreements, addressing skill shortages, and ensuring legal coherence. However, through collaboration, regulatory coordination, and expert support, the EU is determined to achieve a harmonized and thriving digital single market.
