The study analyzes the current situation and the readiness of the public and civil sectors in Western Balkan countries to align with the European Digital Services Act. It also provides recommendations for its implementation in accordance with human rights and freedom protection standards.
The Digital Services Act (DSA) is a European Union regulation aimed at protecting the fundamental rights of users of digital platforms, including social networks. It achieves this by prescribing mechanisms for protection against illegal and harmful content, setting rules for the transparency and accountability of digital platforms, and introducing mechanisms for the effective enforcement of prescribed obligations. The countries of the Western Balkans face the process of aligning their national legislation with this regulation. However, harmonising with the DSA brings several challenges, including the potential impact of this process on freedom of expression.
The study provides an overview of the legal and institutional frameworks relevant to harmonising domestic legislation with the DSA and maps the key actors and challenges in all six Western Balkan countries (Bosnia and Herzegovina, Montenegro, Kosovo, Serbia, Albania, and North Macedonia). It also includes examples of DSA implementation in several European Union countries (France, Germany, and Romania).
Some of the key recommendations of the study deal with the principles of digital services regulation, which must ensure a high level of protection regarding freedom of expression and media freedom, in line with international standards. The need for a coordinated regional approach in the upcoming alignment process is also emphasized, as well as the importance of a multi-sectoral approach to implementing future regulations, based on the cooperation of public institutions with civil society organizations, the media, and the academic community.
The study was prepared by the organization “Partners for Democratic Change Serbia”, with the support of the Open Society Foundation – Western Balkans, as part of the project The Future of the Western Balkans in Digital Europe. Maida Culahovic from the organization “Why Not” is the author of the section related to Bosnia and Herzegovina.
The study “Towards the Feasible Implementation of the Digital Services Act in the Western Balkans” is available at this link.
