Chapter 4|European Board for Digital Services|đ 5 min read
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator may participate in the Board. The failure by one or more Member States to designate a Digital Services Coordinator shall not prevent the Board from performing its tasks under this Regulation.
2. The Board shall be chaired by the Commission. The Commission shall convene the meetings of the Board and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and in line with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
3. Each Member State shall have one vote. The Commission shall not have voting rights.
4. The Board shall adopt its opinions, requests, recommendations or advice by a simple majority. The rules of procedure may provide for the possibility to adopt certain categories of decisions by consensus.
5. The Board may invite experts and observers to attend its meetings and may cooperate with other Union bodies, offices, agencies and advisory groups, as well as with other relevant stakeholders and third parties.
6. The Board may establish sub-groups to analyse specific questions.
7. The Board shall adopt its rules of procedure. Those rules shall in particular provide for practical arrangements for the functioning of the Board, including the frequency and preparation of meetings, rotation of its chair where applicable, and the processing of personal data.
Understanding This Article
Article 62 establishes Board's organizational structure balancing Member State equality, Commission facilitation, and operational flexibility. Key structural principles: (1) Member State equalityâone vote per Member State regardless of population or economic size ensuring Luxembourg equal voice to Germany, preventing large Member State domination, democratic legitimacy through sovereign equality. (2) Commission facilitation without controlâCommission chairs and provides support but lacks voting rights, ensuring Board remains Member State-driven body not Commission instrument. (3) Simple majority decision-makingâavoids unanimity paralysis enabling efficient decisions, while consensus option for sensitive matters preserves flexibility. (4) High-level representationâDSCs send senior officials ensuring Board discussions informed by operational enforcement experience and national authority. (5) Inclusive participationâother national authorities, experts, observers may participate broadening expertise while maintaining DSC core. (6) Sub-group specializationâenables focused work on technical issues (algorithm auditing standards, risk assessment methodologies, cross-border cooperation protocols) improving output quality.
Composition and Voting: Board composed of 27 DSCs (one per Member State) represented by high-level officials combining regulatory expertise with decisional authority. Each Member State one vote ensures equalityâavoids weighted voting or population-based representation that would advantage large Member States. Simple majority (14 of 27) required for opinions, recommendations, requests, adviceâenables efficient decision-making without requiring near-unanimity that would empower spoilers. Consensus option for particularly sensitive matters where broad support desired (major policy recommendations, controversial interpretations affecting fundamental rights). Commission chairs but doesn't voteâfacilitates discussions, maintains neutrality between Member State positions, ensures institutional continuity across Board membership rotations.
Commission Support Role: Commission provides administrative support (secretariat functions, meeting logistics, document preparation, record-keeping) and analytical support (research, data analysis, technical studies informing Board deliberations). This enables Board focus on policy and coordination rather than operational administration, while ensuring Board access to Commission's institutional resources and expertise. Commission prepares agenda based on Article 63 Board tasksâcross-border cooperation issues, VLOP supervision coordination, emerging regulatory challenges, guideline developmentâensuring meetings address DSA implementation priorities.
Key Points
Board composed of Digital Services Coordinators represented by high-level officials
Other competent authorities may participate if national law provides
Failure to designate DSC doesn't prevent Board functioning
Commission chairs the Board
Commission convenes meetings and prepares agenda
Commission provides administrative and analytical support
Each Member State has one vote regardless of size
Commission has no voting rights
Board adopts decisions by simple majority
Rules of procedure may allow consensus for certain categories
Board may invite experts and observers
Board may cooperate with other EU bodies and stakeholders
Board may establish sub-groups for specific questions
Board adopts own rules of procedure
Ensures equal representation across Member States
Commission facilitates but doesn't control Board decisions
Practical Application
Board Meeting Example: Board convenes quarterly in Brussels. Agenda prepared by Commission includes: (1) Cross-border enforcement case reviewsâestablishment DSCs present complex Article 58/60 cooperation cases seeking Board input on legal interpretation and procedural approach. Board discusses, debates, reaches simple majority position on recommended interpretation. (2) VLOP supervision coordinationâCommission presents Article 35 risk assessment review for major VLOP, Board DSCs provide national market intelligence and enforcement perspectives, Board adopts recommendation to Commission on risk mitigation adequacy assessment by simple majority. (3) Emerging issue: generative AIâBoard establishes sub-group of 7 DSCs plus Commission representative to analyze AI implications for Articles 14-17, 27, 35, develop preliminary guidance for full Board consideration. (4) Guideline adoptionâBoard votes on draft Article 24 dark pattern identification guidelines developed by sub-group, adopts by simple majority (18 votes in favor, 7 against, 2 abstentions), guidelines published providing harmonized standard for DSC enforcement.
Sub-Group Work: Board establishes Algorithm Transparency Sub-Group addressing Article 27 implementation challenges. Sub-group comprises 8 DSCs (including Ireland, Netherlands, Germany, France representing major platform-hosting Member States), Commission representatives, invited technical experts from academia and civil society. Sub-group meets monthly via videoconference, conducts technical analysis of platform recommendation algorithm transparency practices, develops draft guidelines on Article 27 'main parameters' disclosure requirements. After 6 months, sub-group presents recommendations to full Board. Board discusses, amendments proposed and debated, final guidelines adopted by simple majority. Guidelines clarify Article 27 compliance standards enabling consistent DSC enforcement and platform compliance certainty.
Expert and Stakeholder Engagement: Board invites fundamental rights experts, consumer protection organizations, platform industry representatives, academic researchers to present perspectives on Article 35 systemic risk assessment methodologies. Experts provide insights Board incorporates into VLOP supervision guidance. Engagement enhances Board legitimacy (stakeholder views considered) and technical quality (specialized expertise informs decisions) while maintaining Board independence (experts advise but don't vote).
For DSCs - Board Participation: Designate high-level officials with enforcement expertise and decisional authority to represent Member State. Participate actively in Board meetings contributing national perspectives and enforcement experiences. Volunteer for sub-group membership on topics relevant to national priorities or expertise. Use Board as coordination forum raising cross-border issues requiring collective resolution. Respect simple majority decisions even when in minorityâBoard effectiveness requires implementation of collective positions despite individual disagreements.
For Commission - Board Support: Provide effective administrative and analytical support enabling Board focus on substantive coordination. Prepare comprehensive agendas addressing emerging enforcement challenges and coordination needs. Facilitate constructive discussions managing diverse Member State perspectives. Produce high-quality analyses informing Board deliberations. Chair neutrally balancing Member State positions without imposing Commission preferences. Implement Board recommendations and guidance in Commission's own VLOP supervision and policy development.