Enforcement and cooperation between Member States

15-04-2020

This study presents an overview of possible options for an effective model of enforcement for a future Digital Services Act. Four key areas of regulatory design are emphasised; the failure of self-regulation in relation to platforms; the importance of correct regulatory framing; the necessity of focusing on the internal operations of platforms; and that the scope of a DSA should be limited but include robust transparency and enforcement measures. A range of enforcement strategies are then evaluated across a suite of DSM legislation, alongside barriers to Member States cooperation and effective enforcement. The paper sets out several options for enforcement and concludes with a recommendation of a specific enforcement model for a new DSA.

This study presents an overview of possible options for an effective model of enforcement for a future Digital Services Act. Four key areas of regulatory design are emphasised; the failure of self-regulation in relation to platforms; the importance of correct regulatory framing; the necessity of focusing on the internal operations of platforms; and that the scope of a DSA should be limited but include robust transparency and enforcement measures. A range of enforcement strategies are then evaluated across a suite of DSM legislation, alongside barriers to Member States cooperation and effective enforcement. The paper sets out several options for enforcement and concludes with a recommendation of a specific enforcement model for a new DSA.