Portugal in breach due to delays in the digital services law | Technology

The European Commission has opened infringement proceedings against Portugal because Anacom has not yet been given the powers to enforce the new digital services regulation (RSD), which came into force in February.

The RDS introduces rules for digital platforms such as AliExpress.

In the April list of infringement procedures, released on Wednesday, the Commission states that there are countries that have not yet designated their digital services coordinators (Estonia, Poland and Slovakia), and others, such as Portugal, that although they already have them appointed, they still “must grant them the necessary powers and competencies to carry out their functions, including the imposition of sanctions in case of non-compliance”. In addition to Portugal, Cyprus and the Czech Republic are in this situation.

Countries now have two months to respond and address the aforementioned deficiencies, before the Commission takes the process to the next phase, but, in the Portuguese case, the working group was only recently created (through Order No. 1747/ 2024, of February 15th) which will “survey the needs for legal or regulatory changes in the internal legal order relevant to ensure the application of Regulation (EU) 2022/2065, of October 19th”, including the definition of competences of the Anacom.

The previous Government assigned the Communications regulatory entity, chaired by Sandra Maximiano, the role of competent authority and coordinator of digital services. These are entities that, as the Commission summarizes, “are essential for the exercise of the new rights created under the RSD, namely to ensure that users can lodge complaints in their place of residence against platforms, grant the status of trust flags and enable investigators” to investigate potential non-compliances.

Covered by these rules are at least 19 digital giants, including Amazon, Apple Store, Booking, TikTok and YouTube, among others.

As a coordinating entity, Anacom will be “responsible for all issues related to the application and execution of the RSD” in the country, but to date it continues without a sanctioning regime to penalize infractions.

Other competent entities in relation to RSD are the Regulatory Entity for Social Communication (ERC), in matters of social communication and other media content, and the General Inspectorate of Cultural Activities (IGAC), in matters of copyright and related rights .

Anacom, ERC and IGAC are part of the working group that by the summer should submit to the Government, namely to those “responsible for the government areas responsible for social communication, culture, digitalization and infrastructures”, a final report with the formulation of proposals for relevant legal or regulatory changes to ensure the application of the RSD in Portugal and for “the exercise of the powers of the digital services coordinator” provided for in the regulation.

Furthermore, the responsibilities of other competent authorities must be established, “ensuring close and effective cooperation with the coordinator of digital services”.

According to the European Commission, the new legislation, unique worldwide, will impose more responsibilities on platforms and search engines with more than 45 million users, “given their systemic impact on facilitating public debate, economic operations and dissemination of information, opinions and ideas”.

The new rules place a strong focus on the protection and safety of minors who use digital platforms and apply to different types of content, including advertising and recommendations for services and products. When platforms recommend content, users will be able to change criteria and choose not to receive personalized recommendations, for example.

The new regulation will protect all EU users, “both with regard to security in relation to illicit goods, content or services, and fundamental rights”, also contributing to the protection of democracy and the rule of law in the European space.