Belgium

[BE] First annual activity report on DSA implementation in Belgium

IRIS 2025-6:1/9

Olivier Hermanns

European Audiovisual Observatory

Belgium's digital services coordinator (DSC) and other authorities responsible for the implementation of Regulation (EU) 2022/2065 (Digital Services Act – DSA) recently published their first joint report, covering the year 2024. The Belgian DSC is the Institut belge des services postaux et des télécommunications (Belgian postal and telecommunications authority – IBPT), which is also one of the competent authorities alongside the Vlaamse Regulator voor de Media (Flemish media regulator – VRM), the Conseil supérieur de l’audiovisuel (Higher Audiovisual Council – CSA) and the Medienrat (Media Council).

The year 2024 can be seen as a transitional year, since the legal framework adopted by Belgium for the implementation of the DSA did not come into force until 9 January 2025.

In accordance with Article 55 of the DSA, the report comprises a main document drawn up by the DSC and four annexes reflecting the activities of each competent authority within the meaning of Article 49(1) of the DSA. It provides information on the number of complaints received under Article 53 of the DSA, together with an overview of the action taken, the number and subject of orders to act against illegal content and orders to provide information, and the action taken in response to these orders.

In 2024, 38 complaints were received by the DSC, ten of which were deemed admissible. Three of these were filed by users established in another Member State. The other seven were lodged by users established in Belgium against providers established in Ireland and were therefore forwarded to the Irish DSC. According to the report, the number of complaints could rise sharply in the future.

In addition, the DSC received one order under Article 9 of the DSA (orders to act against illegal content) and none under Article 10 (orders to provide information). The report suggests that the low number of orders received may be due to a lack of transparent and harmonised methodology or an automated sharing system.

Belgium has jurisdiction in particular over the Telegram online platform, whose legal representative is established in Brussels and whose average monthly number of active recipients is less than 45 million. The IBPT received an order from the Estonian DSC aimed at removing Russian channels that remained available on Telegram even though they were banned under Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.

No trusted flaggers (within the meaning of Article 22 of the DSA) were appointed and no applications to be an accredited researcher or out-of-court dispute settlement body were received in 2024.

The report highlights the progress made in 2024 in implementing the DSA in Belgium, while also highlighting the challenges ahead. Cooperation between the competent authorities and increased awareness among stakeholders will be essential to ensure effective enforcement and a safe online environment for users.


References


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.