Sunday, May 18, 2025

The European Union has launched legal proceedings against Czechia, Cyprus, Poland, Portugal, and Spain for failing to fully enforce the Digital Services Act (DSA), a critical regulation designed to protect users—especially travelers—on digital platforms from illegal content, unsafe products, and disinformation. Despite the DSA entering into full force in early 2024, these five nations either failed to appoint national regulators or did not grant them the powers needed to oversee and enforce the rules effectively. As a result, the European Commission has referred them to the EU’s highest court, arguing that their non-compliance compromises the safety, reliability, and regulatory oversight of major online platforms used widely for travel booking, planning, and services across Europe.

The European Commission has escalated legal proceedings against five member states—Czechia, Cyprus, Poland, Portugal, and Spain—by referring them to the European Union’s highest court for not properly implementing the Digital Services Act (DSA). This significant legal move highlights the EU’s firm stance on ensuring member nations meet their responsibilities under the bloc’s updated digital regulation framework.

The DSA, which fully came into effect in February 2024, sets out a comprehensive legal framework aimed at creating a safer digital environment. It focuses on protecting users from illegal content and unsafe products online, demanding increased accountability from digital platforms. A critical requirement under the Act was for each EU country to establish and empower a national supervisory authority responsible for enforcing these rules within its borders.

These national regulators are also expected to cooperate directly with the European Commission, particularly in overseeing Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)—defined as platforms with over forty-five million monthly users. However, not all member states have fulfilled these obligations.

According to the Commission, Poland failed to appoint and equip a national authority capable of enforcing the DSA. Meanwhile, although Czechia, Cyprus, Spain, and Portugal did designate regulators, they did not provide them with adequate powers or resources to effectively enforce the law. This failure, the Commission asserts, significantly undermines the uniform application of digital regulations across the EU.

The legal process began earlier in 2024, when the Commission issued formal notices to all five countries, urging them to rectify the situation. Despite this warning and the time provided, none of the nations took the necessary corrective actions, prompting the Commission to escalate the matter to the Court of Justice of the European Union (CJEU).

In parallel, the Commission also intensified its enforcement efforts against Bulgaria. The country has neither appointed a fully functional regulator under the DSA nor introduced a legal framework outlining sanctions for non-compliance. The Commission has given Bulgaria a two-month deadline to address these issues. If Bulgaria fails to act within that period, it too may face proceedings at the CJEU.

The Digital Services Act represents a cornerstone of the EU’s strategy to strengthen digital governance and platform accountability. Since its phased implementation began, particularly for major tech platforms in late 2023, the Commission has already launched several investigations into potential breaches, including failures to curb disinformation and the spread of illegal content.

By referring non-compliant countries to the EU’s top court, the Commission is signaling its determination to enforce a unified approach to digital regulation. Ensuring that all member states meet their obligations under the DSA is considered crucial for the protection of users’ rights, fair competition, and trust in the digital single market.

The failure of some governments to properly empower regulatory authorities not only hampers enforcement but also poses risks of inconsistent protection levels across the EU. The Commission’s move seeks to uphold the integrity of the DSA and ensure that no member state becomes a weak link in the continent-wide digital protection chain.

The European Union has taken Czechia, Cyprus, Poland, Portugal, and Spain to court for failing to properly enforce the Digital Services Act, a key regulation that protects users—especially travelers—on major online platforms. Their lack of fully empowered national regulators threatens digital safety and undermines EU-wide travel platform oversight.

As the digital landscape continues to evolve rapidly, the European Commission’s proactive legal stance underscores the importance of regulatory alignment and timely implementation. The outcome of these proceedings could set important legal precedents and further define the responsibilities of member states under EU digital law.