The Draft Law of the Ministry of Digital Governance on taking measures to implement Regulation 2022/2065 of the European Union, which became more widely known as the “Digital Services Act” or “Digital Services Act”, has already been put out for public consultation.

The Digital Services Act is an EU initiative to introduce directly applicable rules in all member states on so-called intermediary services such as search engines, hosting providers, online marketplaces and social media networking. The aim is to ensure that the digital environment across the EU is safe, predictable and reliable. Among other things, the rules focus on preventing and addressing illegal and harmful online activities, combating disinformation and protecting minors.

With the new rules the level of protection of the fundamental rights of users is upgraded and limit their exposure to illegal online activities, while online platforms are required to provide greater transparency in their services, have procedures in place to manage content complaints and avoid certain practices such as profiling based on sensitive categories of data (e.g. e.g. health data).

The Draft Law comes to form the appropriate conditions for the full and effective implementation of the “Act” and to establish a legal framework to deal with phenomena such as misleading advertising or misinformation. Among other things, the National Telecommunications and Posts Commission (EETT) is designated as the Coordinator of Digital Services and the competent authorities, which are given the authority to supervise intermediate service providers to enforce the “Act” and create a Register of intermediate service providers established in Greece, i.e. all those of internet companies that mediate and connect users either with goods, or with services and information.

There are three types of intermediary services:

1. Mere conduit services, such as Internet service providers, browsers, wireless access points, anti-virus services and domain name registrars.

2. Caching services, such as content distribution networks.

3. Hosting services, such as cloud computing service providers, online shopping, social media, app stores, travel and accommodation platforms, discussion forums, video sharing services, blogging platforms, messaging applications and online maps.

Platforms covered by the rules, among other things, provide users with the ability to report suspected illegal content.

Small and very small businesses with few online users are exempt from certain rules and have fewer obligations, while very large online platforms and search engines (VLOPs and VLOSEs) have special and additional obligations.

“We strengthen citizens’ rights”

“Many actions, which we used to do analogically, have moved into the digital age. We communicate, shop, entertain, using digital platforms and “consuming” digital services. At the Ministry of Digital Governance we are taking initiatives so that Greece participates in shaping the institutional framework for the internet and new technologies”, he tells APE-MPE the Minister of Digital Governance Dimitris Papastergiou and explains:

“With the Digital Services Act, Europe is ensuring that the digital environment is secure and reliable. At the national level, with the implementation of the Act, citizens will be able to protect themselves immediately, when their rights are violated. In this direction, the National Telecommunications and Posts Commission undertakes, among other things, to supervise intermediate service providers, i.e. companies that “connect” citizens with goods, services and information, currently compiling a register for all those based Greece”.

And Mr. Papastergiou concludes: “We are establishing a modern legal framework, which places particular emphasis on dealing with phenomena, such as misinformation or the circulation of misleading advertisements and deep fake processed products, and we are strengthening citizens’ rights.”

Immediate processing of the report and notification of users

Member States together with the European Commission contribute to monitoring the enforcement of the Digital Services Act. In particular, the European Commission is responsible for the supervision and enforcement of the rules for large online platforms and search engines (VLOPs and VLOSE). The European Commission has so far designated 22 major platforms and search engines, more specifically: Alibaba Ali Express, Amazon Store, Apple AppStore, Pornhub, Booking.com, Google Search, Google Play, Google Maps, Google Shopping, Youtube, Instagram , Facebook, LinkedIn, Pinterest, Snapchat, Stripchat, TikTok, X (formerly Twitter), XVideos, Wikipedia, Zalando, Bing. Member States in turn become responsible for intermediary service providers and search engines.

The Digital Services Act (DSA) aims to protect the user from illegal content on the internet. For this reason, it requires platforms to have easy-to-use mechanisms for flagging illegal content, but also for informing users.

Thus, when a report of illegal content is made, platforms should process it in a timely manner, providing information to both the user who flagged the illegal content and the user who posted that content.

However, the DSA itself cannot define what is illegal online. What constitutes illegal content is defined by other laws, either at EU level. either at the national level, such as, for example, a content about terrorism, child sexual abuse material, a hate speech, etc.

EETT is the National Coordinator of Digital Services

The Draft Law is the subject of extensive processing by a working group, consisting of executives from the National Telecommunications and Posts Commission (EETT), the National Radio and Television Council (ESR), the Personal Data Protection Authority (PDPA), the Ministry of Development, the General Secretariat of Communication and Information, the Intellectual Property Organization and the Industrial Property Organization.

The National Telecommunications and Posts Commission (EETT) is the National Coordinator of Digital Services and responsible for the supervision and control of compliance with the rules of the Digital Services Act in Greece. The National Broadcasting Council and the Personal Data Protection Authority have also been designated as competent authorities for issues related to their competences, such as advertising and the protection of minors.

EETT is the one that will create a Register of intermediate service providers established in Greece, for the most effective implementation of the Act.