L-0012-2023

The Digital Services Act (Designation and Enforcement) Order, 2023


Closed

​Ministry:

Ministry for the Economy, European Funds & Lands

​Entity:

Ministry for the Economy, European Funds & Lands

​Published:

19/06/2023

​Running Till:

16/07/2023

​Last Updated:

13/11/2023




Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services and amending Directive 200/31/EC (hereafter ‘Digital Services Act’ or ‘DSA’) was published by the EU on the 19 October 2022. The aim of the DSA is to contribute to the better functioning of the EU internal market for intermediary services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation.  

The DSA provides for harmonised norms that amongst other matters establish:
  • A framework for the conditional exemption from liability of providers of intermediary services;
  • Rules on specific due diligence obligations related to certain categories of providers of intermediary services; and
  • Rules on the implementation and enforcement, including the cooperation and coordination of competent authorities.
The effective implementation of the DSA in Malta requires the making of national laws notably with reference to Chapter IV of the DSA entitled ‘Implementation, Cooperation, Penalties and Enforcement’. In this regard the making of an Order under the European Union Act (Cap. 460) is being proposed.

The purpose of this consultation is to seek input on the proposed draft Order which is being included as part of this consultation.

Specific matters provided for in the draft Order in relation to which submissions are being sought include:

[1] The designation of the Malta Communications Authority (hereafter ‘MCA’) as the Digital Services Coordinator (hereafter the ‘DSC’), whereby the MCA is being earmarked to undertake this role of the DSC for the purposes of the DSA (article 3 of the draft Order).

[2] The DSA also enables Member States to designate one or more competent authorities apart from the public authority designated as the DSC, to be responsible for the supervision of providers of intermediary services and the enforcement in relation to specific articles of the DSA. In this regard other public authorities are being listed to undertake the role of a competent authority in relation to specific provisions of the DSA (see article 3 of the draft Order).

[3] Norms to be followed by the DSC and competent authorities when performing their tasks under the DSA (see article 4 of the draft Order)

[4] Norms relating to the notification of orders issued under articles 9 and 10 of the DSA and compliance with the requisites of these articles (see articles 5 and 6 of the draft Order).

[5] Norms onerous on providers of intermediary services in Malta whiich store information by receipients of services to notify the DSC (see article 8 of the draft Order).

[6] Norms on the enforcement and investgiative powers by the DSC and of the competent authorities in relation to various provisions of of the DSA (see articles 9 to 13 of the draft Order).
 
 [7] the extension of the jurisdiction of the Administrative Review Tribunal to determine any contestations of any decisions taken by a competent authority in accordance with the authority’s regulatory role under the DSA (see article 16 of the draft Order).
 
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