Bundesnetzagentur becomes central platform supervisory authority for Germany
Year of issue 2024
Date of issue 2024.05.14
With the entry into force of Germany's Digital Services Act (DDG) today, the Bundesnetzagentur is assuming its role as central coordinator for digital services in Germany. As Digital Services Coordinator (DSC) the Bundesnetzagentur monitors online services' compliance with the new rules of the European Digital Services Act (DSA). The DSC may impose fines when there are systematic violations.
"Today the Digital Services Coordinator is assuming the task of making the internet safer, fairer and more transparent. Our laws also apply in the digital world, and the Digital Services Coordinator will help to enforce the laws there as well,"
said Klaus Müller, President of the Bundesnetzagentur. "Providers must investigate whenever illegal content or products are flagged and effectively eliminate hate and fake news. If that does not happen, people can turn to us, and when there are regular and systematic violations, we will take action against the providers."
With today's entry into force of the DDG, the German federal government is implementing European law and modernising the legal framework for digital services in Germany. "Never before was it as important as it is today to have a strong platform supervisory authority,"
said Dr Volker Wissing, Federal Minister for Digital and Transport. "We are witnessing a coarsening of online discourse. Calls for violence, dissident threats, anti-Semitic hate speech, all of these things cross a line and have real-life implications we can never accept. Platform operators also have a responsibility and must take action against illegal content. The Bundesnetzagentur begins its work today as Germany's platform supervisory authority. It will demand compliance with our common European rules and initiate proceedings when the rules are violated. Whenever we consistently enforce the law, we strengthen free discourse on the internet. I wish the new DSC team at the Bundesnetzagentur every success in this important role."
Tasks of the Digital Services Coordinator (DSC)
The DSC is the central coordinating body for enforcement of the DSA in Germany. As the central point for complaints by online users, the DSC receives complaints about violations of the DSA, for example when users cannot easily report illegal content to online providers, providers fail to plausibly justify their decision to delete or not to delete content, or if they do not provide users with information about the advertising presented.
The DSC does not examine or decide whether content is illegal. This remains a task of the authorities and courts within their respective jurisdiction. The DSC cannot delete specific illegal content, block profiles or issue removal orders.
The DSC is supported in its work by the Federal Agency for Child and Youth Protection in the Media (BzKJ), the Media Authority of North Rhine-Westphalia coordinating for the competent bodies for media monitoring, and the Federal Commissioner for Data Protection and Freedom of Information (BfDI). Complaints about providers that are based in other EU countries are forwarded by the DSC to its counterpart DSCs in other EU countries. If providers based in Germany regularly and systematically violate the rules, the DSC can impose fines of up to 6% of their annual turnover. In addition, the DSC supports the European Commission in its proceedings against very large online platforms and search engines.
The DSC is also responsible for the certification of organisations applying for the status of trusted flaggers. These organisations have special expertise in identifying illegal content, which they can report to online providers. The providers are required to prioritise investigating these flags.
The DSC is also responsible for approval of bodies for out-of-court dispute resolution. It decides on the applications of organisations wishing to provide out-of-court mediation of disputes between users and online platforms.
Upon request the DSC can grant researchers access to data of very large online platforms and search engines.
The European Digital Services Act
The Digital Services Act sets new, uniform standards for protection from illegal content, such as hate and agitation, disinformation and illegal products through online services. These online services include platforms, social media, search engines, app stores, booking portals, job exchanges and cloud services, amongst others. The DSA requires the providers of these services to take action against illegal content and to create a transparent notice and action mechanism.
Very large online platforms and search engines with more than 45mn users per month in the EU have been required to comply with the DSA since 25 August 2023. Compliance is overseen by the EU Commission. Smaller providers have been required to comply with the DSA's provisions since 17 February 2024. As from today the Bundesnetzagentur, which the DDG has designated as Germany's DSC, will enforce these provisions.
The DSC's work will be guided by an advisory council and will report regularly to the public on its work.
Further information about the DSC, as well as complaint forms, is available (in German) at www.dsc.bund.de.