Chapter 4|Supervision, Investigation, Enforcement and Monitoring of VLOPs and VLOSEs|đ 6 min read
1. The Commission, in cooperation with the Digital Services Coordinators and the Board, shall develop Union expertise and capabilities in the areas covered by this Regulation, including by providing support to the Digital Services Coordinators for the tasks provided for in Article 51 and, where appropriate, through the secondment of Member States' personnel for a fixed period of time.
2. The Commission shall coordinate the assessment of systemic and emerging issues across the Union under this Regulation, in particular in respect of very large online platforms or very large online search engines.
3. The Commission may ask the Digital Services Coordinators, the Board and other Union bodies, offices and agencies with relevant expertise to support the assessment of systemic and emerging issues across the Union under this Regulation.
4. Member States shall cooperate with the Commission, in particular through their respective Digital Services Coordinators and other competent authorities, where applicable, and make available their expertise and capabilities, including by making the necessary personnel available in accordance with Union and national law.
Understanding This Article
Article 64 establishes capacity-building infrastructure addressing fundamental challenge: DSA's technical complexity (algorithmic systems, AI, platform architectures, systemic risks) exceeds traditional regulatory expertise. Commission and Member State authorities need specialized capabilities analyzing recommendation algorithms, content moderation systems, data processing practices, misinformation dynamics, fundamental rights impactsâskills not historically required for telecommunications or media regulation. Article 64 creates framework for: developing collective EU expertise pooling knowledge across institutions, coordinating systemic issue assessment leveraging distributed intelligence, facilitating personnel exchange transferring skills between Commission and national authorities, engaging specialized EU bodies (ENISA for cybersecurity, EDPB for data protection, FRA for fundamental rights) supplementing generalist regulators. Enables regulatory learning and sophistication keeping pace with platform evolution.
Expertise Development - Paragraph 1: Commission cooperates with DSCs and Board developing Union-wide expertise in DSA areas. Includes: supporting DSCs in Article 51 tasks (investigation techniques, evidence gathering, technical analysis methodologies), building Commission's own capacity for VLOP/VLOSE supervision (algorithm auditing, risk assessment evaluation, enforcement decision-making), creating shared knowledge resources (technical guidance, case studies, analytical tools, training programs), facilitating personnel secondmentâMember State experts work at Commission temporarily transferring national enforcement experience while gaining supranational perspective, Commission staff work with national DSCs understanding local implementation challenges. Secondment creates cross-pollination: Commission benefits from DSC operational expertise, DSCs gain Commission strategic and legal insights, personnel return to home institutions with enhanced capabilities, networks form enabling ongoing collaboration beyond formal secondment.
Systemic Issue Coordination - Paragraphs 2-3: Commission coordinates assessment of systemic and emerging issues especially regarding VLOPs/VLOSEs. Systemic issues affect multiple platforms or entire digital ecosystem (algorithmic amplification of misinformation, coordinated inauthentic behavior, fundamental rights trade-offs in content moderation, advertising transparency gaps, minor protection challenges). Emerging issues arise from technological or business model evolution (generative AI integration, decentralized platforms, blockchain-based services, metaverse/VR environments, new monetization schemes). Commission coordination prevents fragmented Member State responsesâpools intelligence from 27 DSCs, identifies EU-wide patterns not visible from single-country perspective, develops harmonized regulatory approach rather than 27 divergent strategies. May request support from DSCs (national market intelligence), Board (collective DSC expertise), specialized EU bodies (ENISA technical analysis, EDPB privacy expertise, FRA fundamental rights assessment).
Member State Cooperation - Paragraph 4: Member States must cooperate making expertise and capabilities available. Practical forms: DSCs provide personnel for secondment, share enforcement intelligence and case data, contribute to systemic issue assessments, participate in Commission working groups and technical consultations, allocate resources supporting Commission requests. Personnel availability 'in accordance with Union and national law' respects Member State autonomy over public administration but creates expectation of substantive contribution not mere formal compliance. Effective cooperation requires: Member States adequately resource DSCs enabling staff secondment without compromising national enforcement, clear processes for secondment requests and personnel selection, fair distribution of secondment burdens across Member States, Commission financial support for secondment costs where needed.
Key Points
Commission develops Union expertise and capabilities with DSCs and Board
Commission provides support to DSCs for Article 51 tasks
Enables Member State personnel secondment to Commission
Commission coordinates assessment of systemic and emerging issues
Focus on VLOP and VLOSE systemic challenges
Commission may request DSC, Board, and EU body support for assessments
Member States must cooperate with Commission
Cooperation through DSCs and other competent authorities
Member States make expertise and capabilities available
Includes personnel availability under Union and national law
Builds collective regulatory capacity beyond national silos
Facilitates knowledge transfer between Commission and Member States
Enhances technical sophistication of DSA enforcement
Addresses complex algorithmic and platform governance issues
Creates network of specialized regulatory expertise
Personnel Secondment Example: Commission supervises Meta Article 35 risk mitigation but needs specialized algorithm auditing expertise. Requests secondment from Dutch DSC which developed sophisticated algorithm analysis capabilities supervising Dutch-established platforms. Dutch expert joins Commission for 12-month secondment. Contributes to Meta investigation: applies algorithm auditing methodologies to Meta's recommendation systems, trains Commission staff on technical analysis techniques, helps evaluate Meta's risk assessment validity. After secondment, expert returns to Dutch DSC bringing Commission experience enhancing Dutch supervision. Secondment strengthens both Commission (gains technical expertise) and Dutch DSC (staff develops VLOP supervision skills applicable to national work).
Systemic Issue Coordination - Generative AI: Commission identifies generative AI integration into platforms as systemic issue. Coordinates assessment requesting: DSCs provide national intelligence (AI implementation observations, user concerns, enforcement challenges), Board analyze AI implications for Articles 16-17, 27, 35, ENISA assess AI cybersecurity risks, EDPB examine AI data protection issues, FRA evaluate fundamental rights impacts. Commission synthesizes inputs producing comprehensive AI risk assessment. Develops coordinated regulatory approach: guidance for DSCs addressing AI-related enforcement, recommendations for platforms implementing AI responsibly, policy proposals for potential DSA amendments if existing framework inadequate. Coordination prevents fragmented Member State responses ensuring consistent EU-wide standards.
Expertise Development - Training Programs: Commission establishes DSC training program supported by Article 64. Curriculum covers: advanced algorithm analysis techniques, content moderation system evaluation, risk assessment methodologies, cross-border investigation coordination, VLOP enforcement strategies. Training delivered by Commission staff, seconded national experts, external specialists. All 27 DSCs participate improving collective capacity. Smaller Member State DSCs particularly benefit accessing expertise they couldn't develop independently. Training creates common language and frameworks facilitating cross-border cooperationâDSCs share analytical approaches and enforcement standards.
Specialized Body Engagement: Commission investigating TikTok Article 35 compliance requests ENISA support per paragraph 3. ENISA conducts technical analysis of TikTok's cybersecurity risk mitigation measures, evaluates whether Article 35 adequately addresses platform security vulnerabilities, provides Commission with expert assessment. ENISA contribution supplements Commission's legal and policy expertise with specialized cybersecurity knowledge. Similar engagement with EDPB on data protection aspects, FRA on fundamental rights dimensions, creating comprehensive multidisciplinary assessment.
For Member States: Adequately resource DSCs enabling staff secondment without compromising national enforcement. Select high-quality personnel for secondment maximizing value to Commission and learning for staff. Facilitate Commission requests for expertise and capabilities viewing cooperation as investment in collective regulatory capacity. Use secondment opportunities strategically developing staff expertise applicable to national supervision.
For Commission: Provide clear secondment frameworks (duration, responsibilities, support, compensation) encouraging Member State participation. Distribute secondment opportunities fairly across Member States avoiding concentration in few countries. Invest returned secondees' expertise through training programs and knowledge sharing. Request specialized body support strategically leveraging EU institutional ecosystem. Coordinate systemic assessments transparently involving DSCs and stakeholders.
For DSCs: Contribute actively to Commission expertise development initiatives. Nominate qualified staff for secondment opportunities. Participate in systemic issue assessments providing national perspectives. Engage with Commission training and capacity-building programs. Share enforcement experiences and best practices informing collective learning.