The European Commission decided to open infringement procedures by sending letters of formal notice to Cyprus (INFR(2024)2016), Czechia (INFR(2024)2039), (INFR(2024)2040), Poland (INFR(2024)2041), Portugal (INFR(2024)2038) and Slovakia (INFR(2024)2042) as these Member States have not yet designated their Digital Services Coordinators under the Digital Services Act, or as the designation has not been complemented by sufficient empowerment powers. Member States should have done so by 17 February 2024. To date, Estonia, Poland, and Slovakia still have to designate their Digital Services Coordinators.
In addition, despite designating their Digital Services Coordinators, Cyprus, Czechia and Portugal still have to empower them with the necessary powers and competences to carry out their tasks, including the imposition of sanctions in cases of non-compliance.
Fully empowered Digital Services Coordinators in each Member State are essential for the exercise of the new rights created under the DSA, notably to ensure users can lodge complaints in their place of residence against platforms, to award the status of trusted flaggers and to vet researchers.
The Commission is therefore sending a letter of formal notice to the six Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.