The EU Digital Service Act (DSA) is the new content moderation playbook for the European Union, imposing strict rules on online platforms. While the European Commission is responsible for the implementation of the DSA rules in cases involving large platforms such as TikTok and X, which came into force in August 2023, the national governments are in charge of taking action against all other online platforms hosting user content, for which the implementation deadline is 17 February.

However, Germany, like many other EU countries, is struggling to set up the requisite structures for enforcing the DSA at the national level. The German federal laws are still tangled up in legislative processes, and there have been delays in setting up the Digital Services Coordinator, the enforcement body under the DSA.

Meanwhile, the German Digital Economy Association is urging politicians to provide for a transitional period in the implementation of the DSA, that would ensure that companies don't face penalisation until the supervisory structures are ready. Concerns have been raised about the draft national law that designates the Federal Network Agency as monitoring providers and enforces the DSA in Germany. Many have pointed out that the lack of clear use cases in this domain are making it challenging for companies to meet reporting obligations in an uncertain regulatory environment.

Why does this matter?

The delay in implementing the DSA in Berlin is causing concerns about the readiness of EU nations to handle the new content moderation regulations. This will likely create many potential legal uncertainties for online platforms. A successful implementation of the DSA is crucial for ensuring a safer online environment, and establish effective enforcement at the national level for content moderation.