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Teema: FW: Questionnaire to Member States Art 50-52 DSA
Kuupäev: 2024-02-21 10:38
Tere!
Edastan Komisjoni kirja. Vastamise tähtaeg on 26.02.2024.
Heade soovidega
Tiiu Noobel
Sekretär
Eesti Vabariigi alaline esindus Euroopa Liidu juures
Rue Guimard 11/13, 1040 Brüssel
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[email protected]
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Subject: FW: Questionnaire to Member States Art 50-52 DSA
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Subject: Questionnaire to Member States Art 50-52 DSA
Dear Sirs, /Madams,
Attached you can find a letter signed by Ms Rita Wezenbeek (Director of
“Platforms policy and enforcement”) including a Questionnaire as regards the
implementation by your Member State of Articles 50, 51 and 52 of Regulation
(EU) 2022/2065 (“the Digital Services Act”).
This letter is also sent to all members of the DSA Committee.
We would be grateful to receive your reply by 26 February 2024.
Yours faithfully,
Irene Roche Laguna
Head of Unit F1 “Coordination and regulatory compliance”
Ref. Ares(2024)1304945 - 20/02/2024
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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
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.
2
Electronically signed on 20/02/2024 14:21 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121