Supervision of intermediary service providers

hu

The Digital Services Coordinator shall carry out all tasks related to the enforcement of the DSA within the given Member State, unless the Member State concerned has entrusted other competent authorities with certain specific tasks or sectors. However, it is always the Digital Service Coordinator’s responsibility to ensure coordination at the national level, and to contribute to the effective and consistent enforcement of the Regulation throughout the EU.

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (opens in new window)

In Hungary, under the Media Act^[1]the President of the NMHH has been designated as the Digital Service Coordinator.

Act CLXXXV of 2010 on media services and mass communication (opens in new window)

The DSA classifies providers of online intermediary services into several distinct service categories, and renders a differentiated set of obligations to them. A provider of intermediary services is any service provider that transmits, stores or makes available content created by others in the online space.

The Regulation distinguishes three basic types of intermediary services.

Mere conduit services include services that are used solely to transmit data or provide network access, such as internet services, public Wi-Fi services, or DNS services.
Caching services store data temporarily to enable more efficient data transmission.
Hosting service providers store content uploaded by others, such as cloud service providers, web hosting sites, and video sharing platforms. Hosting service providers also include online platforms.

As the national Digital Service Coordinator, the President of the NMHH can examine compliance with the obligations under the DSA and alleged breaches of the EU Regulation in respect of providers of online intermediary services established in Hungary.

The DSA does not cover the supervision of content published by providers of online intermediary services, such as online platforms. The President of the NMHH, as the Digital Service Coordinator, therefore does not have a content moderation responsibility in relation to decisions made by providers of intermediary services regarding illegal content.