EU Commission Refers Five Member States to Court Over Digital Services Act Shortcomings

The European Commission is escalating its enforcement of the Digital Services Act (DSA) by referring five European Union member states to the Court of Justice of the European Union, citing non-compliance with key implementation requirements.

According to Reuters, the countries in question — the Czech Republic, Spain, Cyprus, Poland, and Portugal — have not fulfilled their obligations under the DSA, a regulatory framework aimed at curbing illegal and harmful online content. The Commission announced its decision in a formal statement, highlighting that these nations have failed to appoint or empower national Digital Services Coordinators, a central element in the law’s enforcement structure.

Per Reuters, the European Commission also noted that the five governments have not yet established the necessary legal framework for imposing penalties on platforms that breach the DSA rules. These enforcement gaps undermine the uniform application of the legislation, which is designed to hold digital platforms accountable for the safety and legality of content shared on their services.

The DSA, which came into force in 2022, is a cornerstone of the EU’s strategy to regulate the digital space more effectively. It mandates online platforms, especially large tech companies, to improve content moderation, increase transparency in algorithmic processes, and provide users with more control over what they see online.

With the referral to the EU’s top court, the Commission is taking a firm stance on enforcement, signaling that member states are expected to align promptly with the Union’s digital regulatory framework.

Source: Reuters