The Ministry for Digital Transformation and Public Service appoints the CNMC as Coordinator of Digital Services of Spain

The Ministry for Digital Transformation and Public Service has appointed the National Commission for Markets and Competition (CNMC) as National Digital Services Coordinator. The Government thus complies with the provisions of Regulation (EU) 2022/2065 on a single market in digital services and amending Directive 2000/31/EC (DSA), which requires Member States to designate a coordinating competent authority that meets the requirements of independence from external influences and sufficient autonomy in the management of its budget.

The CNMC will therefore be responsible for ensuring in Spain the coordination, supervision and effective consistent compliance with the European Regulation of Digital Services, the European standard that regulates the responsibility and obligations of digital intermediaries and online platforms (such as social networks, marketplaces, search engines, app stores and online hosting platforms). The regulation is aimed at preventing illegal and harmful activities on the Internet, ensuring the security of users and creating a safer, more transparent and predictable digital environment for citizens and businesses.

The DSA provides the Coordinator with broad powers of supervision, investigation and sanction over service providers established in Spain, such as requesting access to data and algorithmic systems of moderation and recommendation of content and advertising, ordering inspections and imposing fines on intermediaries in case of violation of the Regulation, which could reach up to 6% of the global annual turnover of large Internet platforms.

They will also be responsible for certifying trusted flaggers or reliable alerters (entities with preference in relation to the notification of illegal content) and out-of-court dispute resolution bodies.

For its part, the European Commission has designated twenty very large platforms (VLOP) and two very large search engines (VLOSE), who will be subject to a system of obligations and reinforced supervision in relation to the systemic risks they generate related to the dissemination of illegal content, fundamental rights, electoral processes, public safety, gender violence, public health or the negative consequences on the physical and mental well-being of minors, particularly when they come from disinformation campaigns.

As designated Digital Services Coordinator, CNMC will participate in the inaugural session of the European Digital Services Board (EBDS), which will be held on 19 February.

Finally, also within the framework of the DSA, the Spanish Data Protection Agency will be the competent authority in terms of monitoring compliance with data protection regulations, with full cooperation between both bodies.

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