The Ministry for Digital Transformation and Public Function has announced a groundbreaking decision in the regulation of digital services in Spain. The National Commission on Markets and Competition (CNMC) has been designated as the new national Coordinator of Digital Services, in accordance with Regulation (EU) 2022/2065, also known as the Digital Services Act (DSA).
Mission of the CNMC: Supervision and Effective Compliance
The CNMC will take on the important task of ensuring coordination, supervision, and effective compliance with the European Regulation on Digital Services in Spain. This regulation focuses on regulating the responsibilities and obligations of digital intermediaries and online platforms, such as social networks, marketplaces, search engines, and online hosting platforms. The main objective of the DSA is to prevent illegal and harmful activities on the Internet, thus ensuring the safety of users and creating a safer and more predictable digital environment.
Powers and Responsibilities of the Coordinator
In its new role, the CNMC will have broad powers to supervise and investigate digital service providers established in Spain. Its competences include access to data and algorithmic systems, conducting inspections, and the authority to impose significant sanctions for breaches of the Regulation, which could amount to up to 6% of the global annual turnover of large Internet platforms.
Certification and International Collaboration
In addition, the CNMC will be responsible for certifying “trusted flaggers” or reliable alerters and extrajudicial bodies for dispute resolution. It will also participate in the European Board of Digital Services (EBDS), closely collaborating with other European entities in the supervision and management of digital risks.
Special Surveillance on Large Platforms and Search Engines
The European Commission has identified twenty large platforms and two very large search engines (VLOP and VLOSE), which will be subject to a regime of reinforced obligations and supervision, especially regarding the dissemination of illegal content and the protection of fundamental rights.
Cooperation with the Spanish Data Protection Agency
In parallel, the Spanish Data Protection Agency will maintain its role as the competent authority in data protection, working in cooperation with the CNMC to ensure a safe and responsible digital environment in Spain.
This designation of the CNMC marks a milestone in Spain’s digital evolution, aligning its policies with the most recent European regulations, in order to create a safer and fairer digital environment for all citizens and businesses.