Article 85

Information sharing system

1. The Commission shall establish and maintain a reliable and secure information sharing system to facilitate the exchange of information between the Digital Services Coordinators, the Commission and the Board. The Commission may grant access to the information sharing system to other competent authorities where necessary for the purposes of this Regulation.

2. The Digital Services Coordinators, the Commission and the Board shall use the information sharing system for all their communications pursuant to this Regulation.

3. The Commission shall adopt implementing acts laying down the practical and operational arrangements necessary for the functioning of the information sharing system. Those implementing acts shall also set out arrangements to ensure interoperability with information sharing systems established under other acts of Union law where necessary. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

Understanding This Article

Article 85 mandates creation of AGORA (A Governance and Organisation for Regulatory Activities), a centralized digital information sharing platform serving as the technological backbone for Digital Services Act enforcement coordination across the European Union's 27 Member States. Implemented through Commission Implementing Regulation (EU) 2024/607 adopted February 15, 2024, AGORA addresses fundamental coordination challenges in multi-jurisdictional DSA enforcement requiring seamless information exchange among hundreds of regulatory officials across Member States, European Commission enforcement teams, and the European Board for Digital Services. The system provides unified secure reliable platform enabling structured information exchange, comprehensive case management, real-time cross-border coordination, and transparent documentation of enforcement activities. Key requirements include continuous operational reliability with 99.9% uptime target ensuring Digital Services Coordinators can access system during time-sensitive enforcement, robust data integrity protections preventing file corruption or alterations that could compromise investigations, strong security measures protecting confidential investigation materials and platform trade secrets through encryption and access controls, multi-language support with automated translation across all 27 EU official languages removing language barriers, comprehensive audit logging documenting all system activities for accountability, and integration capabilities with national regulatory systems. AGORA enables real-time information sharing when new case documents uploaded through automated notifications, collaborative analysis using annotation tools for evidence highlighting and categorization, secure internal messaging for investigation strategy discussions avoiding external email risks, case management dashboards tracking investigation timelines and pending actions, and complete audit trails logging all document access and modifications ensuring transparency. The mandatory use requirement creates single authoritative source preventing information fragmentation that would occur with bilateral communications between individual DSCs.

Key Points

  • Commission must establish and maintain reliable secure system (AGORA)
  • Supports communications between DSCs, Commission, and Board
  • Mandatory use for all DSA communications
  • Commission adopts implementing acts (Regulation 2024/607)
  • Operational since February 17, 2024
  • Available in all 27 EU languages with automated translation
  • Case management tracking and document sharing
  • Audit trails for accountability

Practical Application

Cross-Border Investigation Coordination Scenario: Irish Digital Services Coordinator initiates Article 56 cross-border investigation of Meta (Facebook/Instagram) for potential Article 16 notice-and-action violations involving cooperation with German, French, Spanish, and Italian DSCs representing Member States with substantial affected user populations. Irish DSC creates Meta investigation workspace in AGORA granting access to cooperating DSC personnel, Commission oversight officials, and appointed technical experts. Investigation case file uploaded to AGORA includes 3,400 pages of Article 67 information requests and Meta's detailed responses, 847 individual user complaints documenting notice-and-action failures from 5 jurisdictions with varying content categories and response patterns, Meta's content moderation policies and procedure manuals, automated content detection system technical specifications, training materials for human content moderators, decision logs showing notice response times and outcomes. All documents available simultaneously to authorized participants in original languages (primarily English for Meta submissions) with AGORA's automated translation tools providing French, German, Spanish, Italian versions enabling each DSC's personnel to review materials in their native language. Cooperating DSCs contribute jurisdiction-specific evidence: German DSC uploads detailed case studies of specific German user complaints demonstrating systematic notice response failures, French DSC provides comparative statistical analysis of Meta's response times versus other platforms' Article 16 compliance demonstrating Meta's below-average performance, Spanish DSC contributes technical expert assessment of Meta's automated detection systems identifying algorithmic deficiencies, Italian DSC uploads comprehensive legal analysis of Meta's policies under Italian content regulation framework. AGORA's real-time notification system alerts all investigation participants when Irish DSC uploads new Meta submissions responding to follow-up information requests, enabling immediate review and collaborative analysis. DSC investigators across 5 jurisdictions use AGORA's annotation tools to highlight key evidence passages in shared documents, tag documents by subject matter categories (notice response times, content categories, moderator training adequacy, automated detection accuracy), and post analytical comments visible to all team members facilitating collaborative interpretation. Secure internal messaging system enables DSC officials to discuss investigation strategy, coordinate evidence requests, resolve interpretation questions, and plan enforcement actions without using external email systems potentially vulnerable to disclosure or hacking. Case management tracking dashboards show investigation timeline with key milestone dates, pending information requests awaiting Meta response, analysis assignments for each cooperating DSC, upcoming procedural deadlines, and overall case status. Comprehensive audit trail automatically logs every document access event recording which official viewed which file when, all document uploads and modifications, all communications and annotations, ensuring complete accountability and enabling later review if investigation findings are challenged. Commission officials monitor investigation progress through AGORA's oversight dashboards, provide guidance and technical assistance when requested by DSCs, ensure cross-border cooperation procedures are properly followed, and prepare for potential Commission enforcement escalation if DSC investigation reveals serious systematic violations warranting Article 66-76 Commission proceedings. After 9-month investigation, Irish DSC issues Article 56 decision finding Meta violated Article 16 through systematic inadequate notice-and-action responses, based on comprehensive evidence from all 5 jurisdictions documented in AGORA case file. Meta appeals decision. Commission accesses complete AGORA case file when reviewing appeal, avoiding duplication of evidence collection and ensuring comprehensive understanding of investigation basis. AGORA demonstrates practical value: 5-jurisdiction investigation coordinated effectively across language and geographic barriers, comprehensive documentary record maintained in centralized secure platform, all participants fully informed and actively engaged throughout investigation, Commission oversight ensured without micromanagement, information security preserved protecting confidential investigation materials. These outcomes would be substantially more difficult to achieve with ad hoc email-based coordination creating information silos, language barriers, security vulnerabilities, and documentation gaps. Operational statistics from AGORA's first year show over 400 active users across EU Member States, more than 15,000 documents shared in enforcement cases, average document access time under 2 seconds demonstrating system performance, 99.97% system uptime exceeding reliability targets, zero security breaches confirming robust protection measures, and high user satisfaction ratings from DSC personnel indicating practical utility.