The DSA: Highlighting the Importance of DSCs
The Digital Service Act (DSA) is an EU-wide set of rules aiming to ensure safer digital spaces for users. Digital Services Coordinators (DSCs) are the authorities tasked to enforce this framework at the national level. However, our latest research highlights significant challenges to the independence and effectiveness of these crucial regulators.
In recent Liberties research, we examined adherence to the Digital Service Act (DSA) in six EU Member States: Bulgaria, Croatia, Czech Republic, Germany, Italy, and Romania. We particularly focused on the role of DSCs in these states, analysing their legal independence, political interference, private sector influence, and transparency. Given that DSCs are newly established authorities - EU Member States were required to appoint them by 17 February 2024 -we believe this is an opportune moment to assess their functioning.
Revealing the Gaps: Challenges to DSC Independence Across the EU
Although DSCs are formally recognised as independent in the legal frameworks of most countries investigated, financial independence isn’t necessarily guaranteed. Meanwhile, in most Member States, insufficient safeguards have been introduced to restrict political interference and leadership appointments in DSCs.
There is also a great deal of possible private sector influence over DSCs, aided by the lack of ‘revolving doors’ policies. ‘Revolving doors’ refers to the movement of civil servants between positions in the public sector—such as government agencies or regulatory bodies—and the private sector, particularly industries they were previously tasked with regulating.
Lastly, our researchers found little uniformity in the mechanisms for public accountability and transparency from DSCs among Member States. Ensuring parliamentary oversight, robust audit mechanisms, and formalised civil society involvement will be essential for strengthening the accountability of Digital Services Coordinators across the EU and making sure the DSA’s provisions are adequately enforced.
Key Recommendations to Ensure Independent and Effective Oversight
In order to help DSA enforcement, our paper includes several recommendations that could aid policymakers improve the status quo. First, DSC independence must be codified explicitly at the highest level to ensure true autonomy and prevent undue outside influence. Next, countries should introduce independent advisory councils to vet candidates, thereby ensuring merit-based appointments free from political or economic bias. Finally, governments must implement comprehensive rules to address private sector influence risks like revolving doors, and should mandate regular parliamentary reviews and public reporting on DSCs. Civil society should also be involved in the adoption of these changes to increase public trust.
Ensuring that DSCs operate independently, free from undue influence, is critical to safeguarding democratic values and protecting citizens’ rights in the online world. A more accountable and transparent regulatory framework will not only enhance trust but also reinforce the EU’s leadership in setting global standards for digital governance.
