30.05.2024

At the recent meeting of the Consultative Council, following the public consultation process, ANCOM together with the representatives of industry and civil society agreed on three draft decisions aimed at ensuring the implementation of the Digital Services Act (DSA). Thus, ANCOM established the procedure for settling complaints regarding digital services, the procedure for certifying out-of-court dispute resolution bodies dealing with disputes against providers of online platforms, and the procedure for awarding the status of trusted flagger. These decisions are elaborated by ANCOM as a Digital Services Coordinator.

Procedure for handling complaints reagrding digital services

Any person, as well as any body, organization or association mandated to exercise on their behalf the rights conferred by the DSA have the right to lodge with ANCOM a complaint against providers of intermediary services, invoking a violation of the DSA.

Complaints can be submitted via an online form, dedicated to digital services.

According to the decision, upon receipt of a complaint, ANCOM carries out an analysis based on which it may order the initiation of an investigation.

Certification procedure for out-of-court dispute resolution bodies dealing with disputes against providers of online platforms

According to the adopted decision, ANCOM will certify the out-of-court dispute resolution bodies, for a maximum period of five years, with the possibility of renewal upon request, having proved that they meet several conditions cumulatively.

In order to be certified, interested entities will submit an application by filling in a standard form containing, inter alia, information on identification and contact details, the area of expertise in which the body will operate, the official language or languages in the EU in which it can provide alternative dispute resolution and the specific competences, human and technical resources available for out-of-court dispute resolution, the funding manner and sources of the applicant's activities, the composition of the management structure, as well as the period for which certification is requested. The request will be analyzed by a committee within ANCOM.

After the entry into force of the decision, the standard form will be made available by ANCOM, at its headquarters and on its website.

Procedure for awarding the trusted flagger status

Through the adopted decision, ANCOM established the procedure for awarding the status of trusted flagger that can flag the presence of illegal content in the online environment. ANCOM proposed a standard form in order to support those interested in acquiring such status. The standard form shall contain, at least, information on the form of organisation, name, identification data, field of competence, language(s) of competence, information on human and technical resources, manner and sources of funding, organisational structure and information on the decision-making process, detailed description of how the activity is carried out and self-declarations on meeting the eligibility and on the veracity of the data in the application or attached documents.

Having analysed the application, the accompanying documents, the legislation grounding the application, as well as the evidence provided by the interested person, ANCOM will communicate to the applicant the decision taken, including a rejection decision. The decision also covers situations where the status of trusted flagger is suspended, terminated or revoked.

Webpage about digital services

ANCOM helps users as recipients of intermediary services, launching a complete information webpage dedicated to digital services. Moreover, for the industry, ANCOM detailed on its website the duties of the Digital Services Coordinator, the obligations of providers of intermediary services, the rights of recipients of the service and the rules established by the Digital Services Act.