Germany: Closed consultation on Law implementing of Regulation (EU) 2022/2065 (Digital Services Act) introducing content moderation authority authority governance

On 25 August 2023, the German Federal Ministry of Transport and Digital Infrastructure (BMDV) closed its consultation on a draft law (Digitale-Dienste-Gesetz) implementing Regulation (EU) 2022/2065, the EU Digital Services Act (DSA). The law designates the Federal Network Agency (Bundesnetzagentur) as the responsible authority for digital services under the DSA. This legislation modernizes the legal framework for digital services in Germany and outlines fines for violations of the digital services act, which can amount to up to 6% of a platform operator's annual revenue. Providers are required to take measures against unlawful content, and users will be able to report non-compliance with these obligations to the Federal Network Agency.