The European Commission has announced that it has taken Portugal to the Court of Justice of the European Union for failing to fully apply the new Digital Services Law, given that it did not grant supervisory powers or define rules on sanctions.

As part of the package of infringements for the month of May, the EU executive announced that it has filed a lawsuit with the Court of Justice of the European Union (EU) against Portugal, the Czech Republic, Spain, Cyprus and Poland “due to the lack of effective application of the Digital Services Act”.

Specifically, “for failing to designate and/or enable a national digital services coordinator under the Digital Services Act”.

The EU Digital Services Act, adopted in 2022, aims to create a safer and more transparent online environment by establishing stricter rules for large digital platforms operating in the EU space, such as social networks Instagram, Facebook and TikTok.

The new legislation requires these platforms to remove illegal and harmful content.

Under this new law, EU member states had until 17 February to appoint a national coordinator tasked with ensuring effective supervision and enforcement of the rules. Although Portugal did this, it did not “grant them the necessary powers to perform their functions”.

The Digital Services Act also provides that Member States must establish rules on sanctions applicable to infringements of that regulation, which Portugal has not done.