For almost a year now, the Digital Services Act has also applied to smaller providers on the Internet. In some cases, European specifications are still missing, and in others, providers are arguing with the EU Commission. But if you look at the purely German situation, apart from a lot of political controversy, very little has happened so far in the DSA.
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The Federal Network Agency (Benetza), which as the digital services coordinator in Germany is responsible for its enforcement, has received 850 complaints so far after starting work in May 2024. The Bonn supervisory authority made the announcement at the request of Heise Online. A spokesperson for the authority explains, “The main issues are the user-friendliness of reporting channels for illegal content, insufficient justification for decisions on removal and non-removal, and restrictions on accounts, content and services.”
The Federal Network Agency is currently requesting information against three platform operators, which is the initial stage of formal proceedings that could also result in fines. One of the providers had not named a legal representative in the EU, which is mandatory under the DSA.
A comprehensive response now published to a question from the CDU/CSU parliamentary group in the German Bundestag also reveals how the DSA supervisory authority, which previously had inadequate staff, has functioned so far. By December, the supervisory authority had received five applications for out-of-court arbitration bodies and 22 applications for status as a credible whistleblower. Reports from institutions with this status should be processed by operators in a time-prioritized manner.
The federal government rejects criticism of the first body recognized as a trusted flag carrier by the Federal Network Agency: DSAs are required to be “independent of any online platform providers”. However, financing through, for example, state financial aid does not contradict the status within the meaning of the law. Last year, there was a storm of largely unjustified outrage over the previously recognized trusted flag.
Online marketplaces and DSA: Federal government sees need for action
With respect to the DSA, the federal government sees the need for further action on online marketplaces. These are also subject to the DSA with specific rules. She is currently working on a “comprehensive action plan for e-commerce”, she said in response to the union faction’s request. In particular, the activities of market surveillance authorities, which carry out checks on imports of goods to ensure compliance with EU requirements such as product safety and health protection, should be more focused on online trading. Cooperation between customs authorities and market surveillance authorities should be further improved; Customs reform in the EU is currently being negotiated in Brussels.
The digital product passport could play an important role in better enforcing product safety rules: if available, it could also make the work of market surveillance authorities much easier when testing products.
Reportable crime: hardly any actual reporting volume
Another aspect of the Digital Services Act is the reporting of suspected specific crimes that cause harm to life, limb or liberty of people. In this case, operators must actively notify the responsible authorities as soon as they become aware of it – in Germany, according to the Digital Services Act, this is the Federal Criminal Police Office. The figures included in the federal government’s response to the request of the central parliamentary group reveal surprising statistics: The majority of these reports to the BKA did not come from TikTok, Telegram, Instagram Facebook or X – but were sent by the web chat provider Deutscher-Chat.de. Sent, followed by Nudells and hosting provider Hetzner.
This part of the DSA system is not working particularly well yet – because the numbers are not very reliable. During the first evaluation of the DSA, the federal government still wants to push for “extending the reporting requirement to certain specific criminal offenses such as unconstitutional and propaganda from terrorist organizations and incitement to hatred at EU level”. However, there are no uniform definitions and offenses across the EU.
DSC management should fill now
Almost a year after its implementation, the Digital Services Act is gradually being implemented for all providers in Germany – the “Basic Law for the Internet” is still having little impact. However, providers should not count on the fact that it will remain this way: With the new year, the Federal Network Agency now has additional enforcement bodies available – the application process for them is currently ongoing. Leading Independent Digital Services CoordinatorUntil now, Klaus Müller, the boss of the Federal Network Agency, has performed this task on an acting basis, along with many other activities.
(mho)
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