Thierry Breton gives an “overview” of the implementation of the DSA and DMA passed by the European Parliament – ​​

On Tuesday (5 July), the European Parliament approved the law on digital markets (Digital Markets ActDMA) and the Digital Services Act (Digital Services Act, DSA). On the same day, Internal Market Commissioner Thierry Breton made an announcement “Overview” how the new rules will be applied.

The Commission presented its digital services legislative package in December 2020. A year and a half later, the two regulations have passed the first reading in the European Parliament and are expected to come into force in the autumn of this year.

By Brussels standards, it was passed extremely quickly, which signals a strong political will on the part of EU politicians to close existing regulatory gaps in the online sector. All eyes are now on implementation as, for the first time, the Commission will directly enforce internal market rules that have so far been delegated to national authorities.

Particular concerns have been raised about the need for the EU executive to have sufficient resources to implement the DMA, which introduces a set of rules in advance for the largest technology companies to more easily challenge their dominant market position from competitors.

Resources are less of an issue for the DSA, a horizontal piece of legislation that establishes rules for all online services, from content moderation to due diligence. The Commission will only enforce the new regulation on the major platforms with more than 45 million users in the EU and can charge them a monitoring fee of up to 1% of their annual turnover.

In a letter to the European Commission in February, DMA rapporteur Andreas Schwab demanded that at least 180 people be employed full-time to implement the new rules. However, in a speech to his colleagues on Monday, he lowered his expectations and called for at least 150 employees.

Implementation is key

“Introducing new obligations for platforms and new rights for users would be useless if not properly implemented”, Commissioner Thierry Breton confirmed in a blog post. The EU official gave some details on the future organization of the Commission.

The Directorate-General for Communications Networks, Content and Technology (DG CNECT) will play a key role in providing technical expertise. There will be three themes dedicated to horizontal themes.

The Society team will be responsible for the risk assessment and audits carried out by the Commission under the DSA. The technical team will be responsible for technical standards and interoperability of messaging services under the DMA.

Economic dimension officers assist in investigations of unfair business practices, including those related to data access and fair, reasonable and non-discriminatory (FRAND) terms under the DMA. This team also oversees DSA requirements for online marketplaces, including liability waiver and know-your-customer.

DSA: European institutions reach final agreement

The European Union co-legislators have reached an agreement on the Digital Services Act (Digital Services ActDSA), a landmark law that will regulate the digital realm and step up the fight against illegal content and disinformation.

“Since the platforms do not create challenges at a single level (social, technical, economic), but the problems tend to occur in combination, these three teams will work closely together, coordinated by a sort of ‘program office’ that ‘wants’ to deal also deals with international affairs and litigationthe blog post continues.

The Commissioner agrees that the EU executive needs to strengthen its technical expertise, particularly in the areas of data science and algorithms. A high-level European Center for Algorithm Transparency will be set up jointly by DG CNECT and the Joint Research Centre.

It is the stated goal“Attract world-class scientific talent in data science and algorithms to complement and support implementation teams. »

In terms of staff, DG CNECT should allocate a total of 100 staff to the implementation of the two regulations through internal recruitment and transfers of European officials. Additional support should be provided by a pool of external experts and contractors.

In the case of the DMA, implementation is shared equally with the Competition Policy Department (DG COMP), with the latter ensuring the traditional handling of cases and DG CNECT providing the technical expertise.

In principle, the European Commission is only entitled to use the monitoring fee for the implementation of the DSA. However, the creation of horizontal units with specific expertise could allow the EU executive to make up for its constant lack of resources.

“There will be a before and after for DSA and DMA”promised Mr Breton.

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