re:publica 24: Regulators lack 80 percent of platform supervision positions
The Federal Network Agency starts with a fifth of the planned team as digital coordinator. There is no Irish problem like with GDPR enforcement.
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Since theDigital Services Act (DDG)came into force in mid-May,the Federal Network Agency has acted as the central platform regulator for Germany.An independent body within the regulatory authority, the Digital Services Coordinator (DSC), is tasked with monitoring compliance of online services with the EU's Digital Services Act (DSA) . For the time being, however, the DSC is operating with the handbrake on. 99 positions are earmarked for this in the DSA as "compliance costs", explained Klaus Müller, President of the Network Agency, at the re:publica digital conference in Berlin on Monday. However, the decisive factor is "what is in the budget law". And only 15 posts have been approved for 2024.
(Image: heise online/Stefan Krempl)
"We have gained five colleagues internally and are now at 20," Müller continued. "The glass is one-fifth full." More staff are needed above all to be able to provide "advice and support" to non-profit platforms, for example. "We are fighting this out with the federal government," explained the former consumer protection officer and minister in Schleswig-Holstein. He also conceded that the management position is not particularly highly classified in the salary system: "This is a political issue." Nevertheless, the initial team could work from time to time, but would have to "do quite a lot at the same time". For example, building a network with researchers and civil society, working together with the EU and "laying as many foundations as possible", especially for the state elections in the fall and the federal elections a year later.
Müller emphasized that the regulatory authority, in concert with other important players, ensures that the rules are adhered to and that illegal content such as hate, agitation and disinformation or the sale of illegal products is combated. These include the state media authorities, the Federal Agency for Child and Youth Media Protection (BZKJ), which is responsible for enforcing the ban on targeted advertising to young people, and the Federal Commissioner for Data Protection. They are not responsible for individual cases such as nasty insults or the sale of electrical appliances without a CE mark, but only if this happens "tens, hundreds, tens of thousands of times" and there is likely to be a systemic failure.
Irish platform supervision is very committed
The Network Enforcement Act (NetzDG), which was largely superseded by the DDG, already pursued similar goals. This did not work out so well because most platforms don't give a damn if they receive a complaint or a fine from Germany, Müller knows. A letter of formal notice to Brussels and sanctions of up to six percent of turnover are likely to have more impact. This is why it is so important to network with European colleagues in a committee of national coordinators.
According to Müller, the painful experience with the Irish will to enforce the General Data Protection Regulation (GDPR), where the Data Protection Commission (DPC) acts as a bottleneck , should not be repeated with the DSA. Ireland is once again keeping an eye on the "big fish" such as Google, Meta, Apple, Microsoft, TikTok & Co. as they have their European headquarters in Ireland. But in principle, this time the EU Commission has the say when it comes to very large platforms. Müller and his team have also found their DSC colleagues on the island to be "totally committed" platform regulators. They are acquaintances from the telecommunications sector (TC) who want to take their task "very, very seriously". The Irish digital authority has also already announced 100 to 200 jobs for this purpose, so he looks at them "with envy".
Central portal to clear the reporting jungle
Overall, cooperation in the DSC committee is going quite well, as around two thirds of the employees there are ex-TK regulators, the Green states. In this group, the task now is to bundle and process individual complaints in such a way that they are legally sound. After all, further complaints beyond Zalando , for example, are to be expected in any case. No large platform will simply say: "Sorry, we made a mistake." The Commission has therefore alreadyinitiatedproceedings against the operators Meta ,TikTokandXand carried out a "stress test" with a view to the European elections.
Nationally, Müller wants to set up a portal for consumers so that they do not have to fight their way through the jungle of authorities. Users will then be able to "submit a complaint to us", which will then be directed "to the right place". The current priority is to ensure that scientists have access to public and internal data from service providers. Workshops will be offered to explain how this DSA clause works. Organizations applying for trusted flagger status also expect to be taken seriously by the relevant authorities. The DSC will also keep an eye on this. Müller described the Federal Criminal Police Office (BKA), with which the local coordinator for digital services also cooperates, as a "special partner" with whom things are "getting off to a good start" based on initial experience.
(dmk)
