European counterparts received fewer complaints about platforms compared to the German watchdog
The European Union's Digital Services Act (DSA) has imposed new and comprehensive obligations on large online platforms, such as Amazon, Facebook, Instagram, TikTok, and others. However, the task of ensuring these platforms comply with the DSA is proving challenging for national regulatory bodies like the German Federal Network Agency, Spanish CNMC, Dutch ACM, and Belgian BIPT.
The DSA requires online platforms to police illegal content, a regulatory burden that involves extensive investigations, compliance monitoring, and possibly on-site inspections. This complexity and resource-intensity are significant challenges for national authorities like BNetzA, CNMC, ACM, and BIPT.
Coordinating enforcement across multiple member states and balancing the protection of digital users with fair treatment of platforms adds further complications. National agencies must interpret and apply EU-wide rules within local contexts, which can lead to operational and legal difficulties.
The scale of complaints and reports generated by the DSA also presents a high workload. Regulatory bodies have to process numerous cases related to illegal content, disinformation, and other digital harms under the new framework.
Additional complications arise from external pressures, such as geopolitical tensions exemplified by U.S. criticism and threats of sanctions against EU DSA implementers, which may indirectly impact these agencies' operations and complicate enforcement dynamics.
Despite these challenges, some progress has been made. The German Federal Network Agency, for instance, started four administrative proceedings against platforms last year and actively participated in European Commission proceedings against AliExpress, Temu, TikTok, and X. Spain's CNMC processed 24 complaints last year, all targeting companies established in other member states.
However, countries need to provide their regulators with sufficient means to carry out their tasks and draft rules on penalties for DSA infringements. The EU executive has initiated several investigations for possible DSA breaches into ten online platforms, including AliExpress, Pornhub, Facebook, Instagram, XNXX, Stripchat, TikTok, X, Temu, and Xvideos.
The Dutch Consumer and Markets Authority received 256 complaints about online platforms in 2024, with most complaints related to providers in other EU member states. The Dutch authority is facing difficulties transferring complaints about DSA breaches to other EU countries due to technical issues.
Belgium's watchdog, the Belgian Institute of Post and Telecommunications (BIPT), received some 10 DSA complaints, most of which were aimed at Telegram. The Spanish complaints concerning the largest online platforms have been referred to coordinators in other countries, such as Ireland, Sweden, and Belgium.
The DSA became applicable to all online platforms in February 2024. As the EU executive continues to oversee the DSA compliance of the largest online platforms, which have more than 45 million users on average per month, it is clear that these regulatory bodies will continue to face significant challenges in handling DSA-related complaints.
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- The Digital Services Act (DSA) imposes on online platforms the responsibility to police illegal content, a task that involves technology-based solutions for monitoring compliance and investigating concerns.
- Ensuring compliance with the DSA's extensive obligations is a significant challenge for national regulatory bodies, as they must adapt and apply EU-wide rules using technology designed for local contexts and resource management.
