Bill would make the CNMC Spain's digital services coordinator

Automatic summary, not yet reviewed

1. The bill would designate the National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia) as digital services coordinator, in charge of monitoring compliance with most of the obligations of Regulation (EU) 2022/2065, and the Spanish Data Protection Agency for the rules on advertising based on special categories of data or on profiling of minors.
2. It would amend Law 34/2002 on information society services to align it with the EU Regulation: it repeals the articles that regulated the conditional exemption from liability of intermediary service providers and aligns orders against illegal content and information delivery orders with the Regulation.
3. It would divide oversight duties: the Ministry for Digital Transformation would monitor obligations under Law 34/2002 and other regulations, the CNMC would monitor those under Regulation (EU) 2022/2065 with investigative powers such as requesting information, inspecting premises and interviewing staff, and the Spanish Data Protection Agency would monitor the obligations on advertising and minors.
4. It would add a sanctioning regime for breaches of Regulation (EU) 2022/2065, with fines of up to 6% of the provider's worldwide annual turnover for very serious infringements, and accessory sanctions such as publication of the sanctioning decision.
5. It would introduce new features in the sanctioning procedure: termination if the offender adopts corrective measures, termination through binding commitments accepted by the CNMC, coercive fines of up to 5% of average daily worldwide turnover for failing to comply with measures, and limitation periods of one to three years depending on severity.
6. It would amend Law 3/2013, which created the CNMC, to give it the functions of a digital services coordinator, such as forwarding enforcement orders to other coordinators, certifying out-of-court dispute resolution bodies, granting trusted flagger and authorized researcher status, and handling complaints. It would also create a Digital Services Directorate.

Who it affects

• Intermediary service providers (online platforms, data hosting services, search engines): They would have to comply with the obligations of Regulation (EU) 2022/2065 and could face fines of up to 6% of their worldwide annual turnover.
• CNMC (National Markets and Competition Commission): It would become the digital services coordinator and competent authority, with investigative and sanctioning powers.
• Spanish Data Protection Agency: It would monitor and sanction the obligations on advertising based on special categories of data and profiling of minors.
• Users and consumers of digital services in Spain: They would benefit from a reinforced framework against illegal content, disinformation and risks such as cyber violence.
• Ministry for Digital Transformation and Civil Service: It would keep oversight of the obligations under Law 34/2002 and other EU regulations.

Words worth knowing

Prestador de servicios intermediarios (intermediary service provider)

A company or person that provides online services to others, such as hosting data, running an online platform or a search engine.

Coordinador de servicios digitales (digital services coordinator)

The public authority each country must designate to monitor whether digital companies comply with the EU digital services regulation.

Diligencia debida (due diligence)

The set of care and control obligations digital companies must apply to prevent risks, such as illegal content or harm to minors.

Multas coercitivas (coercive fines)

Fines imposed for each day or period to force someone to comply with a measure that has already been ordered.

Prescripción (limitation period)

The time after which an infringement can no longer be punished.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries