Digital Services Act Tracker

What is the status of the adoption of national legislation implementing the DSA?

Adopted, becoming effective on 17 February 2024

Draft legislation currently available

Legislation available here

Which authority/authorities have been appointed as Digital Services Coordinator?

Kommunikationsbehörde Austria (KommAustria)

Are there any other national authorities which have special responsibilities in relation to the DSA?

N/A

Does the national legislation impose any additional obligations on intermediary service providers?

N/A

What are the penalties foreseen under the national legislation?

Layered penalty system.

Fines of up to 1 % of worldwide annual turnover of previous financial year for provision of incomplete / inaccurate / misleading information or non-compliance with reviews. Fines of up to 6 % of worldwide annual turnover of previous financial year for other offenses.

Key contacts

What is the status of the adoption of national legislation implementing the DSA?

At the federal level:

• A preliminary draft law was adopted by the Council of Ministers on Friday, 19 January 2024 (second reading). The draft law was approved by the Parliament on 29 February 2024 (first reading).

At the regional level:

• Flemish community: The draft Decree was approved in plenary meeting by the Flemish Parliament on Wednesday 24 January 2024, thereafter ratified and promulgated on 26 January 2024;
• French Community: The draft Decree was approved by the Media Commission of the Parliament of the Wallonia-Brussels Federation on 30 January 2024; and
• German-speaking Community: the preliminary draft Decree was approved on 22 February 2024.

On 9 February 2024, the Council of Ministers approved a preliminary draft act providing for the cooperation agreement between the Federal State, the French Community, the Flemish Community and the German-speaking community.

Draft legislation currently available

At the federal level:

• Articles adopted in first reading

At the regional level:

• Draft Decree for the Flemish community (decree to appoint their competent authorities to supervise provisions of the DSA ressorting within their competence)
• At the French Community: cf. cooperation agreement (text not published yet)
• German-speaking Community: cf. cooperation agreement (text not published yet)

Which authority/authorities have been appointed as Digital Services Coordinator?

BIPT (Belgian Institute for Postal Services and Telecommunications) as the unique DSC for the federal competences;

CSA (Higher Audiovisual Council) for the French Community competences;

VRM (Flemish Media Regulator) for the Flemish Community competences.

Medienrat for the German-speaking Community competences.

Are there any other national authorities which have special responsibilities in relation to the DSA?

Cf. supra.

Does the national legislation impose any additional obligations on intermediary service providers?

At the federal level:

• the best example is the aspect of professional secrecy, which is referred to under article 84 DSA, but where the Belgian law regarding the status of BIPT applies more detailed rules at hand.

At the regional level:

• At the French Community: /
• Flemish draft decree: no particular additional obligations
• German-speaking Community: /

What are the penalties foreseen under the national legislation?

At the federal level:

• (art 12)

With regard to breaches of the DSA, the maximum administrative fine amounts to 6% of the annual worldwide turnover of the relevant intermediary services provider in the preceding financial year.

to enforce one or more of its decisions, the payment within the period determined by the BIPT of a penalty payment due to the Treasury in the amount of maximum 5% of the average daily worldwide turnover or income of the provider of intermediary services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned

At the regional level:

• At the French Community: Text is not available yet
• Flemish draft decree: (art 11):

In case of non-compliance with an obligation under the Digital Services Regulation, the general chamber may impose an administrative fine of up to a maximum of 6% of the global turnover of the relevant intermediary service provider in the preceding fiscal year.

The maximum amount of the fine that can be imposed for providing incorrect, incomplete, or misleading information, failure to respond or correct incorrect, incomplete, or misleading information, and failure to undergo an inspection as mentioned in Article 52, §3, of the Digital Services Regulation, is 1% of the revenue or global turnover of the intermediary service provider or the relevant individual in the preceding fiscal year.

The maximum amount of the daily penalty, as mentioned in Article 52, §4, of the Digital Services Regulation, is 5% of the average daily global turnover or revenue of the relevant intermediary service provider in the preceding fiscal year, calculated from the date specified in the respective decision.

Key contacts

Alexis Fierens
Raf Schoefs
Laetitia Mouton
Heidi Waem
Aurélie Werbrouck 

What is the status of the adoption of national legislation implementing the DSA?

There is a draft law complementing/transposing the DSA, however it was submitted on 10.10.2023 and is still in the early stages of the legislative process

A draft bill No. 776 complementing/transposing the DSA is undergoing the legislative procedure in the Chamber of Deputies (Poslanecká sněmovna). The latest version is proposed for consideration on plenary meeting starting on 19th of November 2024. The final date of adoption remains uncertain at this point.

Draft legislation currently available

Chamber of Deputies of the Czech Republic - Government Bill on the Digital Economy (Parliamentary Print 776/0) (available in Czech only)

Which authority/authorities have been appointed as Digital Services Coordinator?

Czech Telecommunication Office

Are there any other national authorities which have special responsibilities in relation to the DSA?

Personal Data Protection Office

Does the national legislation impose any additional obligations on intermediary service providers?

Obligation to provide information, data and supporting documents.

The intermediary service provider shall provide the supervisory authority, at its request and within a reasonable time, form and scope determined by it, with complete and truthful information, including financial information, and supporting documents which are necessary for the performance of its activities in the field of supervision of compliance with the Act

What are the penalties foreseen under the national legislation?

Offences of intermediary services providers up to 6% of the net turnover of the offender in the last completed financial year.

+ other offences committed by providers of trading platforms and internet search engines, offences relating to breaches of confidentiality, information obligations, offences of a recognised organisation for data altruism. Fine can be up to CZK10,000,000 (i.e. approximately EUR 416,000).

Key contacts

Tomáš Ščerba
Jan Metelka

What is the status of the adoption of national legislation implementing the DSA?

The parliament adopted the Danish Act on Enforcement of the DSA on 14 December 2023 and the act will enter into force on 17 February 2024.

Draft legislation currently available

Lov om håndhævelse af Europa-Parlamentets og Rådets forordning om et indre marked for digitale tjenester (retsinformation.dk)

Which authority/authorities have been appointed as Digital Services Coordinator?

The Danish Competition and Consumer Authority

Are there any other national authorities which have special responsibilities in relation to the DSA?

No.

Does the national legislation impose any additional obligations on intermediary service providers?

No.

What are the penalties foreseen under the national legislation?

Penalties, cf. Article 51 (2) (d) constitute up to 5% of the provider’s average daily turnover globally in the company’s preceding financial year or up to 5% of the annual global income the previous year.

Penalties, cf. Article 51 (2) (a) constitute up to 6% of the provider’s annual turnover globally in the preceding financial year. Penalties, cf. Article 51 (1) (a) and (b) no more than 1% of turnover globally in the company’s preceding financial year or up to 5% of the annual global income the previous year.

Companies may also be liable under Chapter 5 of the Danish Penal Code.

Key contacts

What is the status of the adoption of national legislation implementing the DSA?

Adopted, became effective on 17 February 2024.

Draft legislation currently available

Legislation available here (in Finnish)

Which authority/authorities have been appointed as Digital Services Coordinator?

The Finnish Transport and Communications Agency (Traficom)

Are there any other national authorities which have special responsibilities in relation to the DSA?

Yes.

The Consumer Protection Ombudsman shall be the authority responsible for the supervision of Article 25 (to the extent online platforms provide services to consumers), Article 26 (1) (a)-(c) (to the extent advertising is carried out by traders to consumers), Article 26 (2), Article 30 (7) and Article 32.

The Data Protection Ombudsman shall be the authority responsible for the supervision of Article 26 (1) (a)-(c), Article 26 (1) (d), Article 26 (3) and Articles 27 and 28.

Does the national legislation impose any additional obligations on intermediary service providers?

No.

What are the penalties foreseen under the national legislation?

The fines shall be based on an overall assessment. The maximum amount of fines that may be imposed is 6% of the annual worldwide turnover.

Key contact

Markus Oksanen
Juulia Olsson

What is the status of the adoption of national legislation implementing the DSA?

The draft legislation implementing the DSA in France ("Draft Legislation") was amended by the French National Assembly on 1st reading. 

A joint committee was convened on 18 October 2023 and is currently working to suggest amendments.

[Note that the Law No. 2023-451 of June 9, 2023 (“Influencer Law”) already contains three provisions referring to the DSA (Articles 10 to 12 of the Influencer Law), but the European Commission criticized France for this anticipated implementation. The Law No. 2021-1109 of August 24, 2021 on the respect for the principles of the Republic, and the Law No. 2021-1382 of October 25, 2021 on the regulation and protection of access to cultural works in the digital age, also anticipated the DSA with the creation of Article 6-4 of the LCEN, on platform operators’ obligations to contribute to the fight against the public dissemination of content relating to crimes against humanity, incitement to commit acts of terrorism and their glorification, incitement to racial hatred, etc. Currently, this provision does not seem to be impacted by the Draft Legislation (except probably for the numbering of the article), but the articulation between the Draft Legislation and these previous laws will probably require further analysis once the draft is finalized.]

Draft legislation currently available

The Draft Legislation is available here.

Which authority/authorities have been appointed as Digital Services Coordinator?

The ARCOM (French Audiovisual and Digital Communication Authority) (Article 25 paragraph 8 of the Draft Legislation).

Are there any other national authorities which have special responsibilities in relation to the DSA?

The Draft Legislation specifies that the national authorities listed below will act as competent authorities pursuant to Article 49 paragraph 1 of the DSA (Article 25 of the Draft Legislation – modifying Article 7 of the French Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (“LCEN”)):

• The ARCOM (French Audiovisual and Digital Communication Authority);
• The DGCCRF (French Competition and Consumer Protection Authority);
• The CNIL (French Data Protection Authority)

In addition, a national coordination network for the regulation of digital services will be created (Article 25 of the Draft Legislation, creating Article 7-4 of the LCEN), and it will include:

• The ARCOM (French Audiovisual and Digital Communication Authority); The CNIL (French Data Protection Authority)
• The ARCEP (French Authority for Electronic Communications, Post and Press Distribution);
• The Autorité de la concurrence (French Competition Authority) ;
• The ANSSI (French Network and Information Security Agency);
• The ARPE (French Employment Platform Labor Relations Authority); and
• Government departments, the list of which will be defined by decree.

The purpose of this national network will be, in particular, to exchange information, encourage coordination between its members, and ensure synergies between the work of the three competent authorities mentioned above.

Does the national legislation impose any additional obligations on intermediary service providers?

[To follow after further analysis of the Draft Legislation - ongoing].

What are the penalties foreseen under the national legislation?

In line with Article 52 of the DSA, the Draft Legislation provides that the maximum amount of fines shall be 6 % of the annual worldwide turnover for the financial year preceding the sanction (Article 25 of the Draft Legislation, creating Article 9-2 of the LCEN).

It also adds that, by way of derogation, the amount of the penalty imposed in the event of refusal to comply with the regulator's requests in the context of an investigation conducted in accordance with I to III of Article 9-1 of the LCEN (which will also be created by the Draft Legislation – this Article sets forth in particular the investigation powers of the ARCOM, including by way of reference to Article 51 et seq. of the DSA) may not exceed 1% of worldwide sales excluding tax for the financial year preceding the sanction (Article 25 of the Draft Legislation, creating Article 9-2 of the LCEN).

Note that the Draft Legislation also includes other sanctions in specific cases (e.g.: failure by search engines or Internet services providers to comply with an ARCOM order to block access to pornographic websites/addresses (administrative fines of the higher of: up to EUR 75,000 or up to 1% of the worldwide turnover excluding taxes for the previous financial years. In case of repeated offence, administrative fines of the higher of: up to EUR 150,000 or 2% of the worldwide turnover excluding taxes for the previous financial years.)

Key contact

Aurelia Pons

What is the status of the adoption of national legislation implementing the DSA?

The German Digital Services Law (‘DDG’) was passed by the German Bundestag on 21 March 2024 and approved by the German Bundesrat on 26 April 2024. The DDG was promulgated in the Federal Law Gazette on 13 May 2024 and came into force on 14 May 2024.

The DDG implements the directly applicable Digital Services Act (‘DSA’) and regulates the responsibilities of the federal and state authorities and.

In addition, the leaders of the federal states have agreed on amendments to the Interstate Media Treaty and the Interstate Treaty on the Protection of Minors in the Media on the basis of the DDG and the DSA – eg with regard to the responsibilities of the media authorities of the states, but also the scope of these interstate treaties. Corresponding draft laws for the approval of the Fifth Interstate Media Amendment Treaty were signed by the heads of government of the federal states in the period from 27 February to 7 March 2024 and are due to come into force on 1 October 2024.

Draft legislation currently available

DDG:

Gesetz zur Durchführung der Verordnung (EU) 2022/2065 des Europäischen Parlaments und des Rates vom 19. Oktober 2022 über einen Binnenmarkt für digitale Dienste und zur Änderung der Richtlinie 2000/31/EG sowie zur Durchführung der Verordnung (EU) 2019/1150 des Europäischen Parlaments und des Rates vom 20. Juni 2019 zur Förderung von Fairness und Transparenz für gewerbliche Nutzer von Online-Vermittlungsdiensten und zur Änderung weiterer Gesetze

Which authority/authorities have been appointed as Digital Services Coordinator?

The Digital Services Coordinator is established within the Federal Network Agency (Bundesnetzagentur), see Section 12 (1) DDG.

Are there any other national authorities which have special responsibilities in relation to the DSA?

The following national authorities have special responsibilities under Section 12 (2) DDG:

• State media authorities, insofar as the measures relate to the Interstate Treaty on the Protection of Minors in the Media; otherwise, the Federal Authority for Child and Youth Media Protection (so called Bundeszentrale für Kinder- und Jugendmedienschutz).
• The Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragte für den Datenschutz und die Informationsfreiheit) in relation to online advertising.

Does the national legislation impose any additional obligations on intermediary service providers?

The provisions of the DDG repeal the German Telemedia Act (Telemediengesetz, ‘TMG’) and the majority of the German Network Enforcement Act (Netzwerkdurchsetzungsgesetz, ‘NetzDG’), see Articles 29 and 35 et seq. DDG. However, the former obligation under Section 5 NetzDG to appoint an authorised agent for service of process in Germany remains in place.

What are the penalties foreseen under the national legislation?

• The DDG provides a catalog of administrative offenses in Section 33 DDG, which can be committed intentionally or negligently. The authority can punish the offence committed with a fine of up to EUR300 000 (see Section 33 (6) no. 1 DDG) and in certain cases even up to 1 or even 6 percent of the worldwide annual turnover (see Section 33 (7) DDG).
• In addition, the authority may use coercive means to enforce the statutory obligations (see Section 27 (4) DDG). The administrative penalty payment (Zwangsgeld) may amount up to 5 per cent of the service provider's average worldwide daily turnover or average worldwide daily revenue in the preceding financial year.
• Moreover, the intentionally or negligently failure to name an authorised agent for service in Germany pursuant to Section 5 NetzDG is subject to an administrative fine which may amount up to EUR500 000 (see Section 4 (2) sentence 1 NetzDG).

Key contacts

What is the status of the adoption of national legislation implementing the DSA?

Implementing Act 104 of 2023 on Certain Rules for Internet Intermediary Services is adopted and will enter into force on 17 February 2024.

Draft legislation currently available

The legislation only available in Hungarian here.

Which authority/authorities have been appointed as Digital Services Coordinator?

The National Media and Infocommunications Authority (NMHH) was appointed as the Digital Services Coordinator.

For this purpose the NMHH carried out extensive preparatory steps, e.g. established the Department of Online Platforms, created a specific website. 

Are there any other national authorities which have special responsibilities in relation to the DSA?

From 1 March 2024, the Hungarian Competition Authority's powers will be extended, allowing the Hungarian Competition Authority's Competition Council to order the inaccessibility of electronic data (e.g., a website) where this is necessary to prevent the risk of serious harm to consumers in view of the wide range of consumers affected.

Does the national legislation impose any additional obligations on intermediary service providers?

Supervisory fee to be paid by platform service providers established in Hungary (0,35% of the net revenues from the previous year arising from the activities regulated by the DSA).

What are the penalties foreseen under the national legislation?

a. The President of NMHH may - and in the event of repeated infringements must - impose a fine in the event of infringement of the procedural rules in front of the digital service coordinator.

• The maximum amount of the procedural fine is 1% of the offender's global turnover or revenue in the previous financial year. In the absence of turnover or revenue data or the provision of such data, the maximum fine shall be HUF 10 million.
• In case of a natural person infringer, the maximum amount of the procedural fine is HUF 1 million.

b. The President may require an intermediary service provider established in Hungary and an intermediary service provider subject to the jurisdiction of Hungary pursuant to Article 56(6) and (7) of the DSA to provide the data specified in the Act 104 of 2023, by means of an official decision.

• If the party required to provide the information fails to comply or fails to comply properly with the information requirements, the President shall impose a fine of up to 6% of the global annual turnover of the intermediary service provider in the preceding financial year.
• In the absence of turnover, sales data or relevant data, the amount of the fine shall not be less than 100,000 HUF and not more than 50 million HUF. In addition, the President may also impose a fine of between 50,000 HUF and 3 million HUF on its chief executive officer of the offending service provider in the event of failure to provide or inadequate provision of the data.

c. For infringements referred to in Article 51(2)(c) and Article 52(3) of the DSA, the maximum amount of the fine shall be limited to 6% of the global annual turnover of the infringing intermediary service provider in the preceding financial year, and for infringements referred to in Article 51(2)(d) of the DSA, the maximum daily fine shall be limited to 5% of the average daily global turnover or revenue of the intermediary service provider concerned in the preceding financial year.

In case of failure to disclose turnover or sales data or the relevant data, the amount of the fine shall be at least HUF 1 million, up to a maximum of HUF 100 million, and in case of a daily fine, at least HUF 50,000, up to a maximum of HUF 5 million.

Key contacts

Zoltan Kozma
Mate Bencze

What is the status of the adoption of national legislation implementing the DSA?

On 17 February 2024, Ireland commenced new primary legislation to give effect to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 20221 on a Single Market for Digital Services (EU DSA).

The Irish legislation is called the Digital Services Act 2024 (Irish DSA).

Draft legislation currently available

The Irish DSA is available here.

Which authority/authorities have been appointed as Digital Services Coordinator?

The Irish DSA designates Coimisiún na Meán (the Irish Media Commission) as Ireland’s Digital Services Coordinator (DSC).

John Evans has been designated as the Digital Services Commissioner.

As Digital Services Commissioner, John has responsibility, among other things, for:

• Enforcing the Irish DSA, including developing certification procedures for trusted flagger status,
• Representing the Irish DSC as part of the European Board of Digital Services,
• Developing relationships with DSCs in other EU Member States, and
• Cooperating with the European Commission in relation to the Irish DSA.

Are there any other national authorities which have special responsibilities in relation to the DSA?

The Irish DSA designates the Irish Competition and Consumer Protection Commission (CCPC) as the competent national authority for supervision and enforcement of certain online marketplace obligations, in particular, Article 30 (traceability of traders), Article 31 (compliance by design) and Article 32 (right to information) of the EU DSA.

More broadly, the Irish Government recently stated that it recognises the EU DSA is “a pioneering and innovative step in regulating the online world as never before” and “as many of the most popular platforms and search engines have their EU headquarters here, Ireland has a leading part to play in a new European framework of Digital Services Coordinators, and as a co-regulator with the European Commission”.

Does the national legislation impose any additional obligations on intermediary service providers?

No.

Separately, video-sharing platform services (VSPS) established in Ireland will be subject to an Online Safety Code – a draft which is currently subject to consultation by Comisiún na Meán.

What are the penalties foreseen under the national legislation?

The Irish DSA provides for financial penalties, which include:

• Fines of up to 6% of global turnover for a breach of an obligation under the Irish DSA;
• Fines up to 1% of annual income or turnover for a failure to comply with information requests; and
• A daily penalty payment of up to 5% of the average daily turnover or income of the provider in the preceding financial year to compel a provider to end an infringement of the Irish DSA. In addition, the Irish DSA gives the CCPC and Comisiún na Meán power to issue compliance notices to intermediary service providers for suspected breaches of certain provisions of the Irish DSA.

In addition, the Bill gives the CCPC and Comisiún na Meán power to issue compliance notices to intermediary service providers for suspected breaches of certain provisions of the DSA.

Key contacts

Gavin Woods
Darach Connolly
Emer McEntaggart
Claire O’Brien

What is the status of the adoption of national legislation implementing the DSA?

No draft legislation implementing the DSA is yet available in Italy.

Draft legislation currently available

n/a

Which authority/authorities have been appointed as Digital Services Coordinator?

The Italian Media Regulator (Autorità per le garanzie nelle comunicazioni, “AGCOM”) has been appointed as the Digital Services Coordinator for Italy by Article 15 of Law-Decree No. 123/2023.

In this context, the AGCOM and the European Commission have signed a cooperation agreement for the implementation of the DSA (press release).

Are there any other national authorities which have special responsibilities in relation to the DSA?

At present, according to Article 15 of Law-Decree No. 123/2023, the Italian Competition Authority (Autorità garante della concorrenza e del mercato, “AGCM”) and the Italian Data Protection Authority (Garante per la protezione dei dati personali, “Garante Privacy”), and any other national authority within their respective competences, must ensure any necessary cooperation to the AGCOM for exercising its duties as Digital Services Coordinator in Italy.

Does the national legislation impose any additional obligations on intermediary service providers?

n/a

What are the penalties foreseen under the national legislation?

According to Article 15 of Law-Decree No. 123/2023, the maximum amounts of fines/periodic penalty payments under the DSA (i.e., 6%, 1%, and 5%) have been confirmed for Italy.

Key contact

What is the status of the adoption of national legislation implementing the DSA?

Currently there is a draft bill undergoing the legislative procedure in the Parliament (Chambre des Députés) to implement the DSA: Draft Bill No. 8309 implementing the DSA.

Draft legislation currently available

The Draft Bill Nº8309 implementing the DSA can be found here.

Which authority/authorities have been appointed as Digital Services Coordinator?

The national competition authority, Autorité de la Concurrence, has been appointed as Digital Services Coordinator. They are also in charge of implementing the DMA.

Are there any other national authorities which have special responsibilities in relation to the DSA?

No. The Draft Bill does not grant powers to any other authority.

That said, the attributions of the Digital Services Coordinator do not, however, affect the competencies of sectoral supervisory authorities, such as the national data protection authority (CNPD) in relation to data protection or the Independent Media Authority (ALVA) in relation to audiovisual content.

Does the national legislation impose any additional obligations on intermediary service providers?

No. The draft legislation only defines the powers and procedures of the Digital Services Coordinator, as well as sanctions, rights of the service providers and provisions on coordination between authorities, but does not impose any additional obligations.

What are the penalties foreseen under the national legislation?

The fines are the same as those in the DSA:

Maximum 6% of the annual worldwide turnover made in the previous year for most infringements of the obligations under the DSA.

Maximum 1% f the annual worldwide turnover made in the previous year if the entity:

• provides inaccurate, incomplete, or misleading information in response to a simple request or a request by decision, in accordance
• fails to respond to the request for information within the fixed deadline;
• fails to rectify, within the deadline set by the Authority, inaccurate, incomplete, or misleading information or fails or refuses to provide complete information. 4°
• refuses to submit to an inspection.

Periodic penalty payments may not be higher than 5% of the average daily worldwide turnover by day of default.

The statute of limitations to impose a sanction expires after 5 years from the date the infringement or, in case of ongoing infringements, from the date on which the infringement ceased.

Key contacts

Olivier Reisch
David Alexandre

What is the status of the adoption of national legislation implementing the DSA?

The Dutch Implementation Act is currently still in draft version, pending the legislative process. The public consultation period has ended, and the most recent version was notified for plenary consideration at the House of Representatives in July 2024. After the approval by the House of Representatives, the senate must take a vote. If the act passes the vote, it will be formally adopted. It is currently unclear how long it will take until adoption.

Draft legislation currently available

Legislation available here.

Which authority/authorities have been appointed as Digital Services Coordinator?

According to the draft Implementation Act, the Dutch Authority for Consumers & Markets (ACM) is appointed as the Digital Services Coordinator and will have supervisory powers.

Are there any other national authorities which have special responsibilities in relation to the DSA?

Yes, according to the draft Implementation Act the Dutch Data Protection Authority (AP) will also have supervisory powers for matters relating to profiling and advertising.

Does the national legislation impose any additional obligations on intermediary service providers?

The draft Implementation Act does not impose any additional obligations on intermediary service providers.

What are the penalties foreseen under the national legislation?

The draft Implementation Act does not deviate from the penalties outlined in the DSA. It references the relevant articles of the DSA in the articles establishing such powers for the ACM and AP.

Key contact

What is the status of the adoption of national legislation implementing the DSA?

The latest draft of the national legislation implementing the DSA was published on 19 July 2024, but it has not been adopted yet. The latest version of the draft act includes amendments introduced after public consultation of the previous version of 15 March 2024.

Draft legislation currently available

The latest version of the draft legislation is available here (only in Polish).

Which authority/authorities have been appointed as Digital Services Coordinator?

Pursuant to the draft act, the Office of Electronic Communications (Urząd Komunikacji Elektronicznej), ie the telecommunications and post regulator, will be appointed as the Digital Services Coordinator.

Are there any other national authorities which have special responsibilities in relation to the DSA?

Pursuant to the draft act, the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów) will be entrusted with (i) enforcing the provisions of the DSA applicable to providers of online platforms allowing consumers to conclude distance contracts with traders, and (ii) other matters concerning consumer protection.

Does the national legislation impose any additional obligations on intermediary service providers?

Pursuant to the draft act, no such additional obligations will be imposed.

What are the penalties foreseen under the national legislation?

The draft act implementing the DSA foresees the following fines which are in line with maximum penalty limits laid down in the Article 52 of the DSA:

• 6 % of the annual worldwide turnover for failure to comply with the DSA obligations;
• 1 % of the annual income or worldwide turnover for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information, or failure to submit to an inspection;
• 5 % of the average daily worldwide turnover for the delay in complying with a decision or request of the Digital Services Coordinator, or in the event of obstructing or hindering the commencement or conduct of an inspection.

Key contacts

What is the status of the adoption of national legislation implementing the DSA?

In Portugal, no legislation to give further effect to the DSA has been published to date, with exception of Decree-Law no 20-B/2024, February 16th, 2024, designating the competent authorities and the coordinator of digital services in Portugal.

Draft legislation currently available

Legislation available here (available in Portuguese only).

Which authority/authorities have been appointed as Digital Services Coordinator?

ANACOM (National Communications Authority) was appointed as the competent authority and coordinator of digital services in Portugal.

Are there any other national authorities which have special responsibilities in relation to the DSA?

The Regulatory Authority for the Media (ERC) was defined as the competent authority for social communication and other media content, and the General-Inspection of Cultural Activities (IGAC) as the competent authority for copyright and related rights.

Does the national legislation impose any additional obligations on intermediary service providers?

No specific legislation to give further effect to the DSA has been published to date, with exception of Decree-Law no 20-B/2024, February 16th, 2024.

What are the penalties foreseen under the national legislation?

No specific legislation to give further effect to the DSA has been published to date, with exception of Decree-Law no 20-B/2024, February 16th, 2024.

Key contacts

João Costa Quinta 
Margarida Leitão Nogueira 
Mariana Barreira Fernandes

What is the status of the adoption of national legislation implementing the DSA?

The Draft Law on the establishment of measures for the implementation of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, as well for the amendment and supplementation of Law No 365/2002 on electronic commerce ("Draft law") is still undergoing parliamentary procedures and is not expected to come into force before 17 February 2024, the expected date of full application of the DSA.

On 13th of February 2024, the Draft law has been adopted by the Chamber of Deputies and subsequently submitted to the Senate, but the Senate did not commence reading it. The Draft law is subject to the emergency procedure.

Draft legislation currently available

The Draft law is expected to pass the Senate in February 2024, depending on the docket of the Senate’s committees. A link with the current form of the Draft law (in the form adopted by the first house of Parliament) is available here – in Romanian language:

Note that as per parliamentary procedure, the Senate – which is the deciding house – may further amend it.

Which authority/authorities have been appointed as Digital Services Coordinator?

Under the Draft Law, ANCOM (National Authority for Management and Regulation in Communications) has been appointed as the sole Digital Services Coordinator.

Are there any other national authorities which have special responsibilities in relation to the DSA?

Under the Draft law, it is expected that authorities supervising certain domains will have responsibilities in relation to the DSA (for example, in connection to articles 9 or 10 of the DSA). Therefore, there will be shared enforcement competencies between Romanian authorities, which will yet have to be determined ( such as Competition Council, National Audio-Visual Council, Anti-Discrimination Council etc.)

It is likely that secondary legislation will be adopted.

Does the national legislation impose any additional obligations on intermediary service providers?

In addition to the general obligation imposed by the DSA of providing information as requested by article 11 DSA, the intermediary service providers will need to notify ANCOM of any change in the data contained in the information submitted within 10 days of its occurrence or its registration with the competent institutions, as the case may be.

The Draft law provides that ANCOM may establish, on an annual basis, the obligation to pay a supervisory fee for intermediary service providers whose main place of establishment is in Romania.

What are the penalties foreseen under the national legislation?

Under the Draft law infringements in relation to DSA are punishable by a fine of between RON 5,000 and a maximum of either 1% or 6% of the annual worldwide turnover achieved in the previous financial year, depending on the infringement.

In the case of intermediary service providers that have committed one or more misdemeanours in the year in which they started their activity, the amount of the fine is between RON 5,000 and RON 100,000.

ANCOM may also impose administrative fines (periodic penalty payments) of up to 5% of the average daily worldwide turnover or average daily worldwide revenue of the intermediary service provider concerned achieved in the previous financial year, calculated from the date specified in the penalty decision, for specific infringements such as the refusal to provide information or to participate to a downraid.

ANCOM can also impose corrective measures.

Key contacts

Amalia Musat
Razvan Pele
Corina Badiceanu

What is the status of the adoption of national legislation implementing the DSA?

The DSA was implemented into Slovak law by Act No. 203/2024 Coll. by which the Media Services Act and other acts were amended and supplemented (Act). The Act was adopted by the Slovak Parliament on 27 June 2024 and the Act, except its certain provisions, came into effect on 24 July 2024.

Draft legislation currently available

The Act is currently accessible under the following link.

However, the Act is available only in Slovak language.

Which authority/authorities have been appointed as Digital Services Coordinator?

Pursuant to the Act, The Council for Media Services (in Slovak: Rada pre mediálne služby) (Council) was appointed as the local digital services coordinator.

Are there any other national authorities which have special responsibilities in relation to the DSA?

According to point 16. of the Act, Slovak ministries, central state authorities and other public authorities shall provide cooperation to the Council when fulfilling its competences of the digital services coordinator under the DSA.

Does the national legislation impose any additional obligations on intermediary service providers?

Based on the Act, no additional obligations were identified.

What are the penalties foreseen under the national legislation?

According to point 49. of the Act, the Council may impose a fine to the intermediary service provider:

• up to 6% of its annual worldwide turnover for the precedent accounting period if the intermediary service provider did not fulfil its obligation under the DSA;
• up to 5% of its average daily worldwide turnover or income for the preceding accounting period for fulfilment of the statutory obligations as stipulated in the Media Services Act.

The Act governs also further penalties to be potentially imposed towards the intermediary online service providers, providers of search engines or intermediary service providers.

Key contacts

Mario Repak
Michaela Stessl

What is the status of the adoption of national legislation implementing the DSA?

No draft of the future law is yet available.

Draft legislation currently available

n/a

Which authority/authorities have been appointed as Digital Services Coordinator?

The Spanish National Commission for Markets and Competitition (Comisión Nacional de los Mercados y la Competencia, “CNMC”) has been appointed by the Spanish Ministry for Digital Transformation and Public Administration.

Are there any other national authorities which have special responsibilities in relation to the DSA?

Yes. The Spanish Data Protection Commissioner (Agencia Española de Protección de Datos, “AEPD”) will be the competent authority for supervising compliance with data protection regulations, in full collaboration with the CNMC.

Does the national legislation impose any additional obligations on intermediary service providers?

n/a

What are the penalties foreseen under the national legislation?

n/a

Key contact

Diego Ramos

What is the status of the adoption of national legislation implementing the DSA?

As of today (9 February 2024), the Swedish government has not yet put forward a final legislative proposal on national legislation implementing the DSA in the form of a government bill (Sw. proposition). The upcoming legislation is therefore still in an examination phase.

Two Swedish Government Official Reports (SOU 2023:2 and 20232:39), with proposals on the division on responsibilities for Swedish authorities and supplementary national legislation to the DSA, were submitted to the Swedish government and published 31 January 2023 and 29 June 2023 (hereinafter the "Inquiry"). The Inquiry proposed that the new legislation should be in force as of 17 February 2024.

The last activity of which we are aware, is that the Inquiry was sent out to relevant market actors, authorities, universities etc. for comments until 31 October 2023 (after which the replies and the Inquiry would have been under review by the government office).

The answers in relation to the Swedish jurisdiction, which follows below, will describe the draft legislation made by the Inquiry. Please note, however, that the government bill with the final legislative proposal put forward to the parliament may be different.

Draft legislation currently available

The Inquiry with the legislative proposal is available here in Swedish: En inre marknad för digitala tjänster – kompletteringar och ändringar i svensk rätt, SOU 2023:39 (regeringen.se).

Which authority/authorities have been appointed as Digital Services Coordinator?

The Swedish Post and Telecom Authority (Sw. Post- och Telestyrelsen) is proposed to be appointed as Digital Services Coordinator.

Are there any other national authorities which have special responsibilities in relation to the DSA?

It is proposed that the Swedish Consumer Agency (Sw. Konsumentverket) and the Swedish Press and Broadcasting Authority (Sw. Myndigheten för press, radio och tv), now called the Swedish Agency for the Media (Sw. Mediemyndigheten), should be appointed as competent authorities with special responsibilities.

Does the national legislation impose any additional obligations on intermediary service providers?

The Inquiry proposes that an intermediary service provider (Sw. leverantör av förmedlingstjänster) shall have the obligation to remove or prevent further spread of certain messages (e.g. unlawful threats, public incitement to terrorisms, copyright infringements) submitted by users on electronic bulletin boards (Sw. elektronisk anslagstavla), if the intermediary service provider becomes aware of the content.

Note that there is currently no proposal to issue impose any supervisory fees on intermediary service providers.

What are the penalties foreseen under the national legislation?

National rules on penalties for infringements of investigative orders and DSA are proposed. The competent authorities are proposed to have the possibility to order an infringement to cease and to impose a periodic penalty payment to any infringement of the DSA.

The Inquiry proposes that the maximum amount of fines and periodic penalties set out in the DSA are included in national law (i.e. 6 % of the annual worldwide turnover for failure to comply with an obligation in the DSA).

The Inquiry proposes a minimum amount of SEK 5,000 (approx. EUR 440) for fines that may be imposed for a failure to comply with an obligation laid down in the DSA.

Key contacts