12.04.2024

ANCOM meets the information needs of the users as recipients of intermediary services, launching an all-encompassing InfoCenter section dedicated to digital services.

The Digital Services Act (DSA) aims to ensure a safe and transparent online environment - an online environment where minors are better protected, where profiling-based advertising is restricted, where online platforms have transparent terms and conditions and warrant more certainty by providing the real identity of online entrepreneurs. Moreover, digital services legislation lays down simple and clear ways to flag illegal content, products or services on online platforms. In its capacity as digital services coordinator, ANCOM ensures that users in Romania benefit from the positive effects under the European regulation.

The DSA was adopted in order to make the online environment safer and fairer. It establishes rules to protect all users in the European Union equally, both regarding illegal goods, content or services, and regarding their fundamental rights.

For example, the Regulation ensures, inter alia:

• an easy way to report illegal content, goods or services.
• transparency in advertising;
• prohibiting certain types of targeted advertising, such as those using sensitive data or data of minors;
• online platforms will have to design their services in a way that does not deceive, manipulate or otherwise distort or impair the users' ability to make free and informed decisions;
• simplified terms and conditions.

The DSA involves extending the powers of public authorities in charge of supervising a particular sector or field of activity to issue removal orders. Therefore, Law no. 50/2024, ensuring the application of the DSA, establishes the competence of the relevant authorities to issue removal orders regarding illegal content online.

Online content may also be removed following notices sent to providers of hosting services by the recipients of the services (users) or trusted flaggers. ANCOM does not act against online content, as the Authority does not rule on the qualification of content as illegal online content. This task lies with the relevant authorities according to Law no. 50/2024.

Briefly, with the entry into force of the Regulation (17 February 2024), everything that is illegal offline is also illegal online.

All about digital services on ANCOM InfoCenter

For the interested entities, the Authority detailed, in accessible language, all relevant information for the application of the DSA in Romania, in a dedicated section on the ANCOM InfoCenter. This page explains the provisions of the European legislation and the obligations of intermediary service providers. Furthermore, ANCOM described the steps that users must take to report illegal content, the content restrictions, as well as the users' rights.

Mechanisms concerning illegal content established by the DSA

The providers of hosting services (cloud or webhosting) and the online platforms must implement mechanisms that allow recipients of services (natural/legal persons using an intermediary service) to notify the presence of alleged illegal content, as well as internal complaint-handling systems.

The relevant authorities (institutions and public authorities dealing with the supervision of a specific sector or field of activity, or judicial authorities) may issue orders under which the provider of intermediary services must take measures to remove illegal content from the online environment or provide certain information.

ANCOM does not have a role in content moderation, is not an appeal body against decisions of intermediary service providers regarding illegal content and does not act as an extrajudicial authority in disputes between different parties or different users regarding illegal content.

Since a significant number of the obligations laid down in the DSA relate to how providers of intermediary services treat illegal content, the section dedicated to digital services contains complete information on reporting illegal content.

When can one address ANCOM directly?

According to Law no. 50/2024, ANCOM has been designated digital services coordinator (DSC) and is responsible for all aspects related to supervising and ensuring compliance with the DSA provisions.

Any natural or legal person who is a recipient of intermediary services and has their domicile or residence - respectively its headquarters - in Romania or any body, organization or association mandated to exercise the rights conferred by the Digital Services Act on behalf of service recipients, which has reason to believe that the provider of that intermediary service does not fulfil its obligations under the Regulation, may lodge a complaint with ANCOM.

The providers of online platforms must provide the recipients of the service with access to an internal complaint-handling system.

Providers of online platforms accessible to minors shall put in place appropriate and proportionate measures to ensure a high degree of confidentiality, safety and security for minors using their service.

Users can complain about an alleged infringement of the Digital Services Act via the dedicated Online Form. ANCOM will analyse the complaints received regarding potential breaches of the digital services legislation and, where appropriate, will initiate an investigation - if the digital service provider is established in Romania - or will forward the complaint to the Digital Services Coordinator in the country of establishment of the intermediary services provider. ANCOM will inform the plaintiff about redirecting their complaint within 15 days from the date of the complaint submission, respectively about settling their complaint within 90 days from receiving it.

Other information available in the Digital Services section

In the section dedicated to digital services, those interested can find answers to questions such as who is envisaged by the new legislative package, what are the very large online platforms and search engines, what are the intermediary services, what are the restrictions regarding the content or account of the service recipient, as well as information related to e-commerce activities and advertising communications, etc.

The new ANCOM identity

With the new duties, the Authority has also updated its graphic identity, using a new logo and new visual elements, as of today.