Saatja: CNECT F1 <
[email protected]>
Saaja: Esindus EL juures üldaadress,
[email protected]
Teema: Letter to DPR concerning the designation of DSC - Estonia - Ares(2024)191433
Ref. Ares(2024)191433 - 11/01/2024
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
The Director-General
11 January 2024, Brussels
CNECT.F.1/GC
The Excellency
The Deputy Permanent Representative
of Estonia to the European Union
Subject: Digital Services Act – Designation of Digital Services Coordinators in light
of the establishment of the European Board for Digital Services
Your Excellency,
The Regulation (EU) 2022/20651 (“Digital Services Act” or “Regulation”) sets ground-
breaking harmonized rules to secure its online information environment, protecting vital
informational freedoms, especially in times of conflict, but also requiring effective
responses to the dissemination of illegal content online and threats to civic discourse,
elections and public security.
The enforcement of these rules is of critical importance and the expectations are high to
demonstrate the success of the Digital Services Act in practice. The Commission takes its
responsibilities as enforcer under the Digital Services Act very seriously and already
deploys the enforcement powers entrusted to it under Section 4 of Chapter IV of that
Regulation in respect of the very large online platforms and of very large online search
engines it designated on 25 April 2023.
The Digital Services Act will become fully applicable by 17 February 2024. In this new
phase, the effective monitoring and enforcement of this Regulation relies also on Digital
Services Coordinators. Even the role of the Commission as “enforcer” in relation to very
large online platforms and very large online search engines requires the assistance of and
active cooperation with Member State national authorities. The European Board for
Digital Services (“the Board”) will meet on the 19 February 2024 for the first time, and it
is key that all Digital Service Coordinators are appointed by then. The failure by one or
more Member States to designate a Digital Services Coordinator should not prevent the
Board from performing its tasks under this Regulation (Art. 62(1) Digital Services Act).
1
Regulation 2022/2065 of the European Parliament and of the European Council on a Single Market for
Digital Services and amending Directive 2000/31/EC (Digital Services Act) was published in the Official
Journal on 27 October 2022, and entered into force on 16 November 2022.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Office: L-51 04/DCS – Tel. direct line +32 229-59309
[email protected]
It is of utmost importance that European citizens, businesses, potential trusted flaggers or
researchers can exercise their newly acquired rights under the Digital Services Act. In
that context, it is essential, as stressed by the Commission in the Competitiveness
Council meeting (Internal Market and Industry) on 7 December 2023, that the Member
States designate their Digital Services Coordinators according to Article 49 of the
Digital Services Act by 17 February 2024 and empower them to supervise, monitor and
enforce this Regulation.
Considering this, I would like to invite Estonia to proceed without an undue delay
separately with the designation of Digital Services Coordinators and, where applicable,
Competent Authorities, on the one hand, and with the empowerment of these authorities,
on the other hand. Provided that it is in line with the national legal framework, and
subject to their complete autonomy in this regard, Member States could proceed with
such designation without any prescribed formal requirements.
The Digital Services Act only requires that Member States communicate to the
Commission the name of their competent authorities including the Digital Services
Coordinator and information on how it can be contacted. Still, the supervision and
enforcement by the Digital Services Coordinators and of Competent Authorities requires
pursuant to Article 51(6) that the Member States lay down specific rules and procedures
for the exercise of powers.
Against this background, I would be grateful if Estonia communicates via a letter the
designated Digital Services Coordinator and the name of the other Competent
Authorities, as well as their respective tasks, at the earliest convenience, and no later
than 17 February 2024. Please send this letter to
[email protected].
In this context, I would like to remind you that Digital Services Coordinators and
Competent Authorities need to act with complete independence, perform their tasks in an
impartial, transparent and timely manner and have sufficient autonomy in managing their
budget within the budget´s overall limits.
My services stand ready to support you in all your preparations for the appointment of
the national Digital Services Coordinators and Competent Authorities and I remain at
your disposal for any clarifications you may need.
Yours faithfully,
(e-signed)
Roberto Viola
2
Electronically signed on 09/01/2024 16:13 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
Saatja: "Webdesktop" <
[email protected]>
Saaja: "MKM info"
Teema: Webdesktop: Digital Services Act
Kuupäev: 2024-01-12 08:55
Tere
Edastame kirja, kirjale palutakse vastata hiljemalt 17. veebruariks.
Reg. number: 14-4/31
Reg. kuupäev: 12.01.2024
Sisu: Digital Services Act – Designation of Digital Services Coordinators in
light of the establishment of the European Board for Digital Services
Parimat
Raili Lillemets
Sekretär
Eesti alaline esindus Euroopa Liidu juures