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Poland sued by the European Commission in the CJEU for failure to implement the Digital Services Act
The European Commission has brought Poland before the Court of Justice of the European Union (CJEU) for its non-compliance with the Digital Services Act. „Poland has not appointed a Digital Services Coordinator and has not authorized them to carry out the duties specified by the Digital Services Act,” states the EC’s press release. The Ministry of Digital Affairs holds the responsibility for the enactment of these regulations. Additionally, on Wednesday, it was announced that a complaint had been lodged against Poland regarding its non-implementation of the EU’s Eurovignette Directive.
Alongside Poland, the European Commission has also initiated legal action against the Czech Republic, Cyprus, Spain, and Portugal. Although these four nations have designated digital services coordinators, they have not empowered them with the necessary authority to fulfill the responsibilities outlined in the DSA.
This pertains to the Digital Services Act – Regulation 2022/2065.
On 16 December 2024, Poland received a notice from the EC to comply with the EU legislation. However, according to the Commission, insufficient actions have been taken in this regard. Referring the situation to the CJEU represents the subsequent phase in the infringement procedure.
What does the Digital Services Act require?
According to the Act, Member States were to designate coordinators by 17 February 2024 and grant them the appropriate authority to ensure effective oversight and enforcement of the DSA.
„The Digital Services Coordinators, collaborating with the Commission, are vital for monitoring and enforcing the provisions of the Digital Services Act and ensuring its consistent application throughout the Union,” emphasized the EC in a press release.
The DSA also establishes guidelines for content moderation, which include flagging political content and promoting „specific narratives.”
„The Digital Services Act mandates Member States to designate at least one competent authority for the supervision and enforcement of the Digital Services Act and to name one of them as the national services coordinator,” the EC remarks.
The European Commission further clarifies in its communication that the Digital Services Act requires Member States to establish regulations regarding penalties for violations of the Regulation, „which none of the aforementioned Member States have accomplished”.
Call for the implementation of the Cybersecurity Directive
On Wednesday, the EC also urged Poland and 18 additional member states to incorporate the NIS2 directive into national legislation, which aims to enhance the cybersecurity landscape within the EU. The deadline for this was 17 October 2024.
The NIS2 Directive applies to organizations operating in critical sectors, including public electronic communication services, ICT service management, digital services, waste and sewage management, space, healthcare, energy, transport, manufacturing of essential products, postal and courier services, and public administration.
The Ministry of Digital Affairs is tasked with implementing these regulations, and is responsible for drafting an amendment to the 2018 Act on the National Cybersecurity System. The proposed project from the ministry includes a process for identifying a hardware or software supplier as a so-called high-risk supplier. This aims to restrict data sharing with other nations. However, this initiative has met with resistance from small and medium-sized telecommunications providers who fear losing access to equipment.
Countries now have two months to rectify the deficiencies; otherwise, the EC may opt to escalate the matter to the CJEU.
Thorough implementation of the rules is essential for bolstering the resilience and incident response capabilities of both public and private entities operating within these vital sectors, as well as across the EU.
What is the Digital Services Act?
The Digital Services Act governs the provision of online intermediary services across the Union, including online platforms such as marketplaces, social networks, content-sharing platforms, and app stores.
Its objective is to ensure user safety in the digital environment, safeguard fundamental rights, and foster a fair and open atmosphere for online platforms.
The Commission and the Digital Services Coordinators are responsible for guaranteeing proper and uniform enforcement of the Digital Services Act throughout the Union.
New road tolls and the CJEU complaint
On Wednesday, the European Commission also revealed that it has filed a complaint against Poland with the European Court of Justice for its failure to implement the Eurovignette directive provisions. These provisions necessitate the differentiation of road tolls based on CO2 emissions. The EC has also filed complaints against Greece and Bulgaria.
Member States were required to present Brussels with a timeline for implementing new road tolls based on CO2 emissions by 25 March 2024. This differentiation aims to encourage lower-emission vehicles on European roads.
In its announcement, the EC noted that following the initiation of proceedings in May
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