European Commission sends letter of formal notice to six member states to comply with the DSA

IRIS 2024-5:1/4

Amélie Lacourt

European Audiovisual Observatory

The Digital Services Act (DSA) required all member states to designate their Digital Services Coordinators (DSCs) by that 17 February 2024. Article 49 of the DSA requires the selection of a DSC from among the competent authorities responsible for the supervision of intermediary services and the enforcement of the DSA.

However, on 24 April 2024, the European Commission decided to open infringement proceedings against six member states for failing to fulfil their obligations under EU law by sending them letters of formal notice. The countries in question have either not designated a DSC (Estonia, Poland and Slovakia) or have not given the DSCs the necessary powers and competences to carry out their tasks, including the imposition of sanctions in cases of non-compliance (Cyprus, Czechia and Portugal).

All six member states now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.