The role of HAKOM and the competent authorities

Implementation of the Digital Services Act 

The implementation of the Digital Services Act is founded on cooperation between national authorities and the European Commission.

Each Member State appoints a Digital Services Coordinator responsible for overseeing and enforcing the obligations of intermediary service providers at national level, as well as for cooperating with the competent authorities of other Member States.

The European Commission exercises direct supervisory powers over very large online platforms and very large online search engines, including the authority to conduct investigations and impose sanctions.

To ensure the consistent application of Regulation (EU) 2022/2065 across the European Union, the European Board for Digital Services  (EBDS) has been established to coordinate cooperation between national authorities and to contribute to harmonised enforcement.




The Role of HAKOM

In the Republic of Croatia, HAKOM performs the role of Digital Services Coordinator within the meaning of the European Commission’s Digital Services Act and is responsible for coordinating implementation and cooperation at both national and European level.

As the Digital Services Coordinator, HAKOM:

• acts as the contact point for cooperation with the European Commission and the Digital Services Coordinators of other Member States
• cooperates across borders with the Digital Services Coordinators of other Member States and, together with them, participates in joint investigations
• participates in the work of the European Board for Digital Services
• takes part in the exchange of information and the coordination of the implementation of the Digital Services Act, and contributes to its consistent application in the Republic of Croatia
• coordinates the work of bodies involved in the implementation of the Digital Services Act and provides support to competent authorities in relation to the issuing and enforcement of orders against illegal content
• informs intermediary service providers and recipients of services about their rights and obligations
• certifies trusted flaggers and out-of-court dispute settlement bodies
• receives complaints from individuals and representative organisations concerning providers’ compliance with the Digital Services Act
• prepares an annual report on activities
• exercises investigative and enforcement powers

 The Digital Services Coordinator is not responsible for content.  

 National Competent Authorities 

The Digital Services Act lays down obligations for intermediary service providers, including obligations concerning measures against illegal content, as well as the obligation to comply with orders issued by competent national authorities.
 
In the Republic of Croatia, in accordance with the Act on the Implementation of Regulation (EU) 2022/2065 on a Single Market for Digital Services, competent authorities have been designated and are empowered to issue: 

• orders to act against illegal content (Article 9 of the DSA)
• orders to provide information (Article 10 of the DSA) 

Depending on the nature of illegal content, such orders are issued by: 

• the State Attorney’s Office of the Republic of Croatia and the Ministry of the Interior — in cases involving suspected criminal offences and minor offences
• the Croatian Personal Data Protection Agency — in cases involving infringements of personal data protection legislation
• the Customs Administration — in the area of intellectual property rights protection
• the State Inspectorate — in cases involving breaches of regulations falling within the scope of inspection supervision
• the Ministry of Health — in the areas of healthcare, medicinal products, medical devices and biomedicine
• the Agency for Electronic Media — in relation to content in the field of electronic media
• other competent authorities, in accordance with special legislation

In addition to issuing orders, the above authorities act within the scope of their statutory competences and may carry out supervision, request information, adopt appropriate measures, and initiate proceedings in accordance with special legislation.
 
An overview of the provisions of the Digital Services Act implemented by these authorities is available at the following link.