Draft Bill for the improvement of democratic governance in digital services and media regulation

The digital and technological revolution that our society is experiencing is resulting in an unprecedented regulatory boom. In this context, the Government has promoted the Draft Bill for the improvement of democratic governance in digital services and media regulation, aligning the Spanish legal system with the ambitious regulatory framework of the European Union: the Digital Services Act (DSA) and the European Media Services Act (EMSA). This initiative involves a thorough review of Law 34/2002 on Information Society Services and Law 13/2022 on Audiovisual Communication, with the aim of strengthening transparency, independence and accountability in the online environment.

One of the main new features of the bill is the designation of the National Commission for Markets and Competition (CNMC, its Spanish acronym) as the Digital Services Coordinator, the authority responsible for supervising compliance with the DSA in our country.

In this regard, companies operating in the digital environment must demonstrate responsible and transparent behaviour in the management of their platforms. They will also be required to have internal protocols in place to prevent the dissemination of illegal or harmful content and to inform users about the criteria used to personalise advertising content.

For their part, platform users will have new rights, with greater control over their data and advertising recommendations, as well as clear and accessible complaint mechanisms.

In practice, this means that it will not be enough simply to have generic terms and conditions or legal notices, it will also be necessary to demonstrate their effectiveness through active compliance mechanisms, internal audits and records of actions. To this end, it will be essential to assess the role played by each company within the digital ecosystem, identify the applicable obligations and update internal content management and moderation policies. Having a robust and comprehensive DSA compliance programme will be key to reducing the risk of penalties and demonstrating diligence to the authorities, complying with the novel principle of accountability or proactive responsibility.

The bill includes a national penalty regime aligned with the DSA, introducing penalties of up to 6% of the infringing company’s global annual turnover. Likewise, the supervisory authority may agree on provisional measures and even service restrictions in the event of repeated non-compliance. Ultimately, the impact will not only be economic: the loss of reputation and trust can be even more costly in an environment where digital transparency is synonymous with credibility.

From now on, the new regulatory framework requires companies to demonstrate real and verifiable compliance, following the model of proactive responsibility. Anticipating its application will not only reduce the risk of penalties, but will also consolidate the trust of users and authorities and provide a competitive advantage over other companies in the sector.