Commission Sues 5 Member States for DSA Implementation Failures

The European Commission has initiated legal proceedings against Czechia, Cyprus, Poland, Portugal, and Spain at the EU Court of Justice for failing to fully implement the Digital Services Act (DSA). The DSA, which became applicable in February 2023, requires each member state to appoint and empower a national authority to oversee compliance with the regulation. These authorities are essential for ensuring user protection against illegal content and products online.

According to the Commission, Poland has neither designated nor empowered a competent authority to enforce the DSA. Meanwhile, Czechia, Cyprus, Portugal, and Spain have appointed regulators but failed to grant them sufficient powers to fulfill their legal obligations under the DSA. Member states are also required to provide adequate resources and establish penalty regimes for breaches of the regulation, which these countries have not done.

The infringement procedure began with formal notices sent to the five member states in early 2024. Despite this, none have taken corrective action, prompting the Commission to escalate the matter to the EU’s highest court. The Commission’s oversight is particularly significant for platforms exceeding 45 million monthly users, where robust enforcement is critical.

Separately, Bulgaria faces similar proceedings for its failure to empower a national DSA regulator and to define penalty rules. If Bulgaria does not comply within two months, it may also be referred to the Court of Justice. The Commission’s actions highlight its commitment to upholding the DSA, as ongoing investigations into major platforms such as X, TikTok, and Meta continue.

Source: EU Commission sues five countries for not applying platform rules