Poland is at risk of facing legal action from the European Union for failing to appoint a digital platform regulator, a year after the legal deadline passed. The European Commission has initiated an infringement procedure against Poland, marking it as the only country yet to designate a national watchdog to help enforce the EU’s online platform regulations.
In December, the Commission sent formal requests to both Poland and Belgium, urging them to comply with the Digital Services Act (DSA) by appointing national regulators. Poland was also criticized for not establishing rules regarding penalties. The deadline for responding to the Commission’s concerns expired today.
A Commission official told Euronews that it is “currently examining the adopted laws and the replies from the member states […] in order to consider the necessary next steps.”
While Belgium had named its telecom regulator BIPT last May, formal approval had been delayed due to the lack of a federal government at the time. Despite this, Belgium is now considered to have empowered its DSA coordinator.
Poland, however, has yet to take action, with the latest Commission data confirming this delay. The European Commission warned in December that it could refer the country to the Court of Justice of the EU if no satisfactory response is received.
Poland’s Ministry for Digitalization told Euronews that it is “working on implementing the DSA regulation at the national level.” The ministry further explained: “In the process of the implementation we are focusing on quality, rather than speed, to make sure that the legislation is sound and effective. This is why we have conducted two rounds of full-scale consultations and have taken into account the positions we received.”
“The legislation is currently under consideration by the Standing Committee of the Council of Ministers representing the government stage of the process,” the statement added, though it did not specify when the process would be completed.
Poland’s implementation of the DSA would involve both the Office of Electronic Communications and the national telecoms regulator, with support from the Office of Competition and Consumer Protection.
Spain and the Netherlands also face scrutiny for not empowering their designated Digital Services Coordinators (DSCs) and for failing to establish penalty rules under the DSA.
The DSA, aimed at tackling illegal online content, requires EU member states to appoint a national regulator by 17 February of last year. These DSCs are intended to act as the primary contact for online platform operators and assist the EU in ensuring compliance with the regulations.
