Discourse Summary: Who is Responsible for Implementing the Digital Services Act?
The Digital Services Act (DSA), a landmark European regulation aimed at ensuring the safety and integrity of online services, has entered the implementation and enforcement phase as of August 2025. The DSA, presented by Enrico Camilli, a policy officer and lawyer at the European Commission, is generally applicable to all online services.
The DSA's enforcement framework focuses on key regulatory aspects, such as the protection of minors online. Detailed guidelines for compliance have been published by the European Commission, providing clarity on obligations under the DSA and reinforcing operational enforcement.
One of the fundamental principles at the heart of the DSA is the country of origin principle. This rule stipulates that an online service provider is primarily regulated by the laws of the EU member state where it is established, facilitating the free movement of digital services within the EU.
However, the DSA includes strong safeguards and obligations that provide stronger protections at the country-of-destination level through enforcement mechanisms and cooperation between national regulators. This approach addresses concerns raised by the country of destination principle, which would imply regulation according to the laws of the member state where the service is received or consumed.
The debate surrounding the DSA's jurisdictional principles has been intense, with some member states, led by France, proposing a shift to the country of destination principle. However, the final DSA legislation, which came into force before 2025, largely retained the country of origin principle to balance uniformity and the digital single market's integrity.
Notably, the U.S. has exerted pressure for changes to the DSA as part of trade negotiations, aiming to limit the regulatory burden on American tech companies. However, no direct shift to the country of destination principle has been made.
The importance of the DSA for preserving the digital single market was emphasized during a panel discussion hosted by the Center for Data Innovation. Participants included Manon Tabaczynsky, a senior policy officer at Allied for Startups, Vinous Ali, coordinator at Digital Future for Europe, and Enrico Camilli. Both Tabaczynsky and Ali highlighted the need for a sustainable legal framework that considers the needs of startups, stressing the importance of the country of origin principle for ensuring legal clarity and minimum compliance costs to scale up across borders.
Ms. Tabaczynsky urged the European Parliament not to abandon the country of origin principle to prevent market fragmentation. She expressed concerns about the potential harm to European businesses and consumers if the principle is departed from. The discussion closed with the importance of preserving the digital single market with a sustainable legal framework.
In summary, the DSA's current status is one of enforcement and regulatory guidance, with the country of origin principle still intact but operationalized with enforcement enhancements that address concerns raised by the country of destination principle. No direct shift to the country of destination principle has been made, though political and international pressures continue to influence the regulatory environment.
The Digital Services Act (DSA), now in the implementation and enforcement phase, includes the country of origin principle, which primarily subjects online service providers to the laws of the EU member state where they are established. This rule aims to facilitate free movement of digital services within the EU.
Despite intense debate, the final DSA legislation largely retained the country of origin principle to balance uniformity and the digital single market's integrity, though it includes strong safeguards and obligations that provide stronger protections at the country-of-destination level.
The DSA's enforcement mechanisms and cooperation between national regulators address concerns raised by the country of destination principle, which would imply regulation according to the laws of the member state where the service is received or consumed.
The importance of the DSA for preserving the digital single market was emphasized in a panel discussion, with participants stressing the need for a sustainable legal framework that considers the needs of startups, and urging against abandoning the country of origin principle to prevent market fragmentation.
