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DSA Implementing Regulation

Digital economy and society

The Digital Services Act (DSA) empowers the Commission to adopt implementing acts detailing arrangements on issues identified in Article 83 of the DSA, such as (i) the proceedings in Articles 69 to 72 regulating aspects of the Commission’s investigatory and enforcement powers, (ii) the hearings in Article 79, and (iii) the negotiated disclosure of information provided for in Article 79. This Implementing Regulation will lay down rules on all procedural practical arrangements in Art 83 of DSA.

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Public consultation

ID: 13565

Lobbying Activity

6 responses

BEUC urges tougher enforcement rules for Digital Services Act

Bureau Européen des Unions de Consommateurs, 16 Mar 2023

BEUC recommends covering other aspects related to inspections to increase legal certainty and avoid unnecessary delays. They suggest requiring documents in digital, machine-readable formats and clarifying civil society’s role in proceedings.
These improvements would stop platforms from stalling investigations through legal and procedural tactics.
Large platforms would lose the ability to create procedural hurdles that prevent effective implementation.

TikTok urges EU to add procedural safeguards for DSA investigations

TikTok Technology Ltd, 16 Mar 2023

TikTok requests a hearing officer to resolve disputes during investigations. It calls for removing page limits on responses and allowing oversight of inspections.
These safeguards help TikTok contest enforcement actions and avoid significant financial penalties.
Information providers may lose data confidentiality to facilitate TikTok's legal defense.

European broadcasters urge full regulatory access to platform algorithms

Association of Commercial Television and Video on Demand Services in Europe, 16 Mar 2023

The association requests a solid control and supervision mechanism on a permanent basis for algorithms. They argue trade secrets should not be opposed to the Digital Services Coordinator.
This would ensure platforms do not prioritize their own interests when distributing and monetizing content.
Large tech platforms lose the ability to hide internal mechanics behind commercial trade secret protections.

Booking.com seeks limits on Commission's DSA inspection powers

Booking.com B.V., 16 Mar 2023

Booking.com requests stronger safeguards around Commission inspections, including prior notice for recordings, limits on database access, conflict-of-interest requirements for auditors, reasonable response deadlines, and oral hearing rights. They argue current rules lack adequate protections for business operations and confidential information.
This would protect their proprietary databases and algorithms from external access and scrutiny.
Regulators lose investigative tools needed to effectively assess Digital Services Act compliance.

European Tech Alliance urges proportionate and clear DSA enforcement rules

European Tech Alliance, 16 Mar 2023

The enforcement approach must be proportionate and include appropriate safeguards for businesses. Procedures must be feasible for platforms by setting reasonable time limits. Vague terms like sensitive documents must be clarified to provide certainty.
This would protect European tech champions from unfair regulatory burdens and fines.
The Commission would face stricter limits when investigating potential platform violations.

CCIA Europe urges stronger legal safeguards for DSA investigations

Computer & Communications Industry Association, 16 Mar 2023

The organization requests that an employee’s right to privacy should be respected during inspections. They argue the 50-page limit undermines the right of defence by hindering explanations. They also advocate for an oral hearing as part of the proceedings.
The changes help platforms protect business secrets and avoid multi-billion euro fines.
The Commission loses flexibility to conduct fast investigations and quickly enforce rules.