The European Consumer Organisation ('BEUC') published, on 16 March 2023, its comments on the draft Digital Services Act ('DSA') Implementing Regulation, following the launch of a public consultation on the same on 17 February 2023. In particular, the BEUC generally welcomed the draft DSA Implementing Regulation, explaining that the same focuses on arrangements for the conduct of certain proceedings by the European Commission under the DSA.

However, the BEUC issued various recommendations to the Commission, such as to:

• provide greater clarification about inspections to increase legal certainty, and avoid unnecessary delays and other procedural obstacles invoked by companies to buy time and avoid swift and effective enforcement;
• ensure that appointed experts and auditors are under the obligation to remain independent not only throughout the period of appointment but also within a set period of time after such period; and
• include a provision preventing long debates about confidentiality and undue delays in disclosing information under the guides of business secrecy.

You can read the comments here.