In this HBI brief opinion, some aspects in the draft of the new Digital Services Act are commented on regarding DSA implementation and legal issues related to Germany's federal media law system.
For several years now, the European Union has been issuing numerous regulations to implement the Digital Single Market (Article 114 TFEU). At the center of these efforts are currently the Digital Services Act (DSA) and the Digital Markets Act (DMA). Both are directly applicable laws in the member states, which take precedence over national laws and aim for full harmonization of the legal situation in many areas, meaning that they do not tolerate any further-reaching member state laws within their scope of application. Since the DAS, unlike the DMA, provides for indirect enforcement by the member states, it triggers a significantly greater need for them to adapt their laws.
The draft for the Digital Services Act (DEA) responds to this need for adaptation and at the same time takes the opportunity to change outdated terminology and repeal the German Telemedia Act (TMA) as well as the German Network Services Act (NEA).
The HBI's short position paper addresses some aspects of the implementation of the DSA, focusing in particular on legal issues related to Germany's federal media law system. This short opinion does not examine whether and to what extent the DSA is at all within the scope of the EU's legislative competence.
- Mast, Tobias; Kettemann, Matthias C.; Schulz, Wolfgang; Dreyer, Stephan (2023): Zum DDG-Referentenentwurf des BMDV vom 1. August 2023 [On the DEA Draft Bill of the BMDV Dated 1 August 2023]. Brief expert opinion. Hamburg, 25 September 2023, DOI: https://doi.org/10.21241/ssoar.89372
