Kirja edastamine

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND

TECHNOLOGY

Platforms Policy and Enforcement

The Director

Brussels CNECT.F.1.001/ABC

Dear Sir, / Dear Madam,

I am contacting you as regards the implementation by your Member State of Articles 50,

51 and 52 of Regulation (EU) 2022/2065 (“the Digital Services Act”). These provisions

require Member States to ensure that the Digital Services Coordinator, designated pursuant

to Article 49 of the Digital Services Act, is entrusted the necessary resources and powers

to fulfil its tasks under the Regulation as regards service providers established in each

Member State. This includes the possibility of imposing penalties, in accordance with

Article 52 of the Digital Services Act, in cases of found infringements of the Regulation

by service providers within their competence.

Pursuant to Article 49 of the Digital Services Act, Member States shall designate their

Digital Services Coordinators by 17 February 2024. This is crucial to ensure that the

Digital Services Act can start deploying its full effects from its entry into application on

the same date. A sufficiently resourced and fully operational Digital Services Coordinator

in each Member State is absolutely essential for the exercise of the new rights created

under the Digital Services Act.

I take note of the progress made in your Member State as regard the formal designation of

the Digital Services Coordinator and its empowerment to fulfil its role as required by the

Digital Services Act. I am aware of the intensive discussions taking place at technical level

between the services.

I would kindly ask you to reply to the questionnaire in annex below, regarding the state of

play and any pending actions that your Member State needs to take in implementing the

above mentioned provisions. I would welcome to receive your replies by 26 February

2024, by replying to the functional mailbox [email protected].

I look forward to continuing our good cooperation in bringing the Digital Services Act to

reality, for the benefit of all users in the Union.

Yours faithfully,

Rita WEZENBEEK

2

Annex –

Questionnaire concerning the implementation of Articles 50, 51 and 52 of the Digital

Services Act

You are kindly requested to reply to the below questions regarding the state of play and

envisaged timeline for the implementation of Articles 50, 51 and 52 of the Digital Services

Act in your Member State. Please provide as concrete information as possible.

1. Is your Member State implementing Articles 50, 51 and 52 of the Digital Services

Act by means of a legislative act? In the affirmative, has this legislative act been

formally adopted? Please provide the full name and reference of the draft or

adopted legislative act, and, where available, the hyperlink to its publication.

2. If the legislative act has not yet been formally adopted, please provide information

regarding:

a. Any interim steps already taken necessary for its adoption and their timing

b. Any interim steps still to be taken necessary for its adoption

c. The expected dates when these steps will be taken

d. The expected adoption date

3. Please indicate any foreseeable elements in your legislative or political context that

might impact the expected date of adoption.

4. Is the above legislative act also meant to designate the Digital Services

Coordinator, and any other competent authority, pursuant to Article 49 of the

Digital Services Act?

5. Please indicate the resources available to, or planned to be made available to, the

Digital Services Coordinator which shall allow it to carry out its tasks (including

sufficient technical, financial and human resources to adequately supervise all

providers of intermediary services falling within its competence), pursuant to

Article 50(1) of the Digital Services Act.

6. Please indicate the legal conditions under national law determining the

independence of the Digital Services Coordinator or designated competent

authorities from public and private bodies, ensuring that is not under the obligation

or possibility to seek or receive instructions, including from the Government,

pursuant to Article 50(2) of the Digital Services Act.

7. If the Digital Services Coordinator or any other competent authorities are to be

designated by means of a different act, please provide the full name and reference

and any pertinent information regarding its adoption or planned adoption.

Electronically signed on 20/02/2024 14:21 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND

TECHNOLOGY

Platforms Policy and Enforcement

The Director

Brussels CNECT.F.1.001/ABC

Dear Sir, / Dear Madam,

I am contacting you as regards the implementation by your Member State of Articles 50,

51 and 52 of Regulation (EU) 2022/2065 (“the Digital Services Act”). These provisions

require Member States to ensure that the Digital Services Coordinator, designated pursuant

to Article 49 of the Digital Services Act, is entrusted the necessary resources and powers

to fulfil its tasks under the Regulation as regards service providers established in each

Member State. This includes the possibility of imposing penalties, in accordance with

Article 52 of the Digital Services Act, in cases of found infringements of the Regulation

by service providers within their competence.

Pursuant to Article 49 of the Digital Services Act, Member States shall designate their

Digital Services Coordinators by 17 February 2024. This is crucial to ensure that the

Digital Services Act can start deploying its full effects from its entry into application on

the same date. A sufficiently resourced and fully operational Digital Services Coordinator

in each Member State is absolutely essential for the exercise of the new rights created

under the Digital Services Act.

I take note of the progress made in your Member State as regard the formal designation of

the Digital Services Coordinator and its empowerment to fulfil its role as required by the

Digital Services Act. I am aware of the intensive discussions taking place at technical level

between the services.

I would kindly ask you to reply to the questionnaire in annex below, regarding the state of

play and any pending actions that your Member State needs to take in implementing the

above mentioned provisions. I would welcome to receive your replies by 26 February

2024, by replying to the functional mailbox [email protected].

I look forward to continuing our good cooperation in bringing the Digital Services Act to

reality, for the benefit of all users in the Union.

Yours faithfully,

Rita WEZENBEEK

2

Annex –

Questionnaire concerning the implementation of Articles 50, 51 and 52 of the Digital

Services Act

You are kindly requested to reply to the below questions regarding the state of play and

envisaged timeline for the implementation of Articles 50, 51 and 52 of the Digital Services

Act in your Member State. Please provide as concrete information as possible.

1. Is your Member State implementing Articles 50, 51 and 52 of the Digital Services

Act by means of a legislative act? In the affirmative, has this legislative act been

formally adopted? Please provide the full name and reference of the draft or

adopted legislative act, and, where available, the hyperlink to its publication.

2. If the legislative act has not yet been formally adopted, please provide information

regarding:

a. Any interim steps already taken necessary for its adoption and their timing

b. Any interim steps still to be taken necessary for its adoption

c. The expected dates when these steps will be taken

d. The expected adoption date

3. Please indicate any foreseeable elements in your legislative or political context that

might impact the expected date of adoption.

4. Is the above legislative act also meant to designate the Digital Services

Coordinator, and any other competent authority, pursuant to Article 49 of the

Digital Services Act?

5. Please indicate the resources available to, or planned to be made available to, the

Digital Services Coordinator which shall allow it to carry out its tasks (including

sufficient technical, financial and human resources to adequately supervise all

providers of intermediary services falling within its competence), pursuant to

Article 50(1) of the Digital Services Act.

6. Please indicate the legal conditions under national law determining the

independence of the Digital Services Coordinator or designated competent

authorities from public and private bodies, ensuring that is not under the obligation

or possibility to seek or receive instructions, including from the Government,

pursuant to Article 50(2) of the Digital Services Act.

7. If the Digital Services Coordinator or any other competent authorities are to be

designated by means of a different act, please provide the full name and reference

and any pertinent information regarding its adoption or planned adoption.

Electronically signed on 20/02/2024 14:21 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121