Countries Raise Concerns about Enforcement Inadequacies with EU Court
Published at 08 May 2025
The European Union Slaps Legal Action on Five Countries Over Lax Digital Regulation
The EU's top executive body, the European Commission, dealt a tough blow yesterday (7 May) by launching legal proceedings against five of its member states for their sluggish adherence to the Digital Services Act (DSA) obligations.
STRICTLY ONLINE MATTERS
The DSA, a key player in the EU's digital regulation strategy, is aimed at creating a "safer and more accountable online environment," protecting consumer rights online. The Act primarily focuses on online intermediaries and platforms, regulating the fight against illegal content and products, hate speech, and disinformation; enforcing transparency and oversight; and fostering growth, innovation, and competitiveness within the EU.
The DSA took effect in November 2022, with the majority of provisions going live on February 17, 2024. By this date, all EU countries were supposed to appoint and authorize a Digital Services Coordinator (DSC) for effective enforcement of the DSA.
MISSING THE MARK
The Commission named Poland as the offender for its failure to both designate and empower a DSC for the required tasks under the DSA.
Cyprus, Spain, Portugal, and the Czech Republic, while appointing their DSCs, flashily fell short in assigning them the requisite powers to fulfill the regulatory duties adequately. All five countries have failed to set up penalty rules for DSA infractions.
ADDING FUEL TO THE FIRE
The haphazard approach of these countries caught the Commission's attention two months after the deadline, prompting infringement proceedings against the Czech Republic, Cyprus, Poland, and Portugal. Spain joined the belligerents in July 2024 after similarly flouting the rules. The Commission's last resort, the Court of Justice of the European Union (CJEU), became the battlefield when these countries ignored the reasoned opinions supplied and failed to implement necessary changes.
ESSENTIAL ENTITIES
In a press release, the European Commission underlined the significance of DSCs, referring to them as indispensable entities for "supervising and enforcing the DSA and ensuring the consistent application of this regulation throughout the EU, working in coordination with the Commission."
Furthermore, the Commission highlighted the significance of full DSA implementation for both users and service providers within member states, citing the example of users' ability to lodge complaints against platforms.
BULGARIA: NOT OFF THE HOOK
Joining the fray, the Commission also issued a reasoned opinion to Bulgaria for its slip-up in empowering a DSC and setting penalty rules for DSA infractions. Bulgaria has until the end of the summer to respond and address the shortcomings, or else face the prospect of ending up in the CJEU's dock.
ONGOING INVESTIGATIONS
The European Commission has opened several investigations into potential DSA violations. Its first move, launched in December 2023, targeted X for apparent infractions concerning risk management, dark patterns, content moderation, data access for researchers, and advertising transparency.
In April 2024, the Commission initiated formal proceedings against Meta subsidiaries, Facebook, and Instagram, alleging suspected infringements relating to deceptive advertising and political content. Both cases remain under scrutiny.
[4] The enforcement action against these countries signals the Commission's determination to uphold the DSA's strict requirements and promote a harmonized digital single market across the EU. The Commission aims to preserve the uniform application of the DSA to ensure the safety and legality of online content and services.
- The European Commission, in a press release, emphasized the importance of Digital Services Coordinators (DSCs) in the European Union, stating they are indispensable entities for supervising and enforcing the Digital Services Act (DSA) and ensuring the consistent application of this regulation throughout the EU.
- The Commission's infringement proceedings against Spain, Cyprus, Poland, and Portugal (initiated in May 2025) and the reasoned opinion issued to Bulgaria (in summer 2025) demonstrate the EU's commitment to uphold the DSA's strict requirements, working tirelessly to promote a harmonized digital single market across the EU.
- The ongoing investigations by the European Commission, including the case launched against X for apparent DSA violations concerning risk management, dark patterns, content moderation, data access for researchers, and advertising transparency, aim to preserve the uniform application of the DSA to safeguard the safety and legality of online content and services across the EU.
