Adoption of the Act on the Implementation of the Digital Services Act
The Croatian Parliament has adopted the Act on the Implementation of Regulation (EU) 2022/2065 on a Single Market for Digital Services, more commonly known as the Digital Services Act - DSA. The Act was published in the Narodne novine (Official Gazette) and will come into force on 18 April 2025.
Zagreb, 10 April 2025 - Following the recent adoption of the Act on the Implementation of Regulation 7 the Croatian Parliament - more widely recognised as the Digital Services Act (DSA) - the legislation was published in the Narodne novine on 10 April and will come into force on 18 April 2025.
The Digital Services Act regulates online intermediaries and platforms such as e-commerce platforms, social media networks, content-sharing services, app stores, and platforms for travel and accommodation. Its primary aim is to prevent illegal and harmful activities online and to curb the spread of disinformation. Through its implementation, the Act ensures user safety and the protection of fundamental rights, while fostering a fair and open environment across digital platforms. It introduces clear and proportionate rules for safeguarding consumers and their fundamental online rights. The Act also promotes innovation, growth, and competitiveness, and facilitates the expansion of smaller platforms, SMEs, and start-up businesses. In doing so, it establishes a new balance between the roles of users, platforms, and public authorities.
Every online platform - especially the largest ones such as Facebook, Google, TikTok, and others with over 45 million active users within the EU - will be subject to additional obligations under this Act. These obligations primarily relate to mitigating and preventing systemic risks arising from the use of such platforms, as well as establishing mechanisms for the swift and straightforward removal of illegal content. Any recipient of platform services must be able to report such content and receive a response to which they may appeal.
In cases involving illegal content within a Member State, the competent authorities will be able to issue direct orders for its removal.
Competent Authorities for Issuing Orders to Platforms (Intermediary Service Providers)
The Act designates the following authorities as competent to issue orders for the removal of illegal content and requests for information:
A significant new provision introduced by the Act is that, from the date it comes into force, the aforementioned competent authorities will be empowered to issue orders for the removal of illegal content and requests for information not only to intermediary service providers based in the Republic of Croatia, but also to those whose place of establishment is in other European Union Member States. Both service providers and recipients of intermediary services may lodge an objection to such orders. These objections are decided upon by the Zagreb Misdemeanour Court, whose decisions may be appealed before the High Misdemeanour Court of the Republic of Croatia.
Complaints Against Intermediary Service Providers
Service recipients may lodge a complaint against an intermediary service provider if they believe there has been a breach of the provisions of the Digital Services Act. Such complaints are adjudicated by HAKOM (the Croatian Regulatory Authority for Network Industries), acting as the Digital Services Coordinator. Its decisions may be subject to judicial review through administrative proceedings. It is important to note that, under the DSA, Digital Services Coordinators are authorised solely to determine whether a platform is complying with its obligations under the Act. They are not empowered to assess the content itself, nor the validity of a platform’s decision to, for example, restrict a user’s access to information, suspend or terminate service provision, or close an account. The decisions made by platforms in such cases may be challenged through the platform’s internal complaint-handling system, which must be made available to users under the DSA.
Supervisory Enforcement and the Role of HAKOM
Competent authorities are empowered to conduct oversight through inspection-based mechanisms, while HAKOM’s investigative and enforcement powers are directly derived from the Regulation. HAKOM will continue to act as the Digital Services Coordinator, a role it has undertaken to date following a decision by the Government of the Republic of Croatia. It will maintain responsibility for coordinating the activities of the aforementioned competent authorities. HAKOM’s annual report will include not only its own activities but also those of all relevant enforcement bodies.
Trusted Flaggers
As the DSA introduces the concept of trusted flaggers - entities whose notifications regarding illegal content must be given priority by platforms - HAKOM will soon adopt an Ordinance outlining the criteria and procedures for granting, suspending, or revoking trusted flagger status.
Obligations of Intermediary Service Providers
The Act also requires intermediary service providers established in the Republic of Croatia to notify HAKOM of their service provision. Within one month of the Act entering into force, HAKOM will publish detailed information on its website regarding how to submit such notifications. The deadline for submission will be three months from the date this information is published.
Misdemeanour Provisions
The misdemeanour provisions of the Act define financial penalties for intermediary service providers, ranging from €6,630 to €66,360, or up to 6% of the provider’s total annual global turnover from the previous financial year—whichever amount is higher.
In the case of natural persons operating as sole traders, the Act prescribes fines ranging from €1,320 to €6,630.
More information about the Digital Services Act can be found at provided link.
Zagreb, 10 April 2025 - Following the recent adoption of the Act on the Implementation of Regulation 7 the Croatian Parliament - more widely recognised as the Digital Services Act (DSA) - the legislation was published in the Narodne novine on 10 April and will come into force on 18 April 2025.
The Digital Services Act regulates online intermediaries and platforms such as e-commerce platforms, social media networks, content-sharing services, app stores, and platforms for travel and accommodation. Its primary aim is to prevent illegal and harmful activities online and to curb the spread of disinformation. Through its implementation, the Act ensures user safety and the protection of fundamental rights, while fostering a fair and open environment across digital platforms. It introduces clear and proportionate rules for safeguarding consumers and their fundamental online rights. The Act also promotes innovation, growth, and competitiveness, and facilitates the expansion of smaller platforms, SMEs, and start-up businesses. In doing so, it establishes a new balance between the roles of users, platforms, and public authorities.
Every online platform - especially the largest ones such as Facebook, Google, TikTok, and others with over 45 million active users within the EU - will be subject to additional obligations under this Act. These obligations primarily relate to mitigating and preventing systemic risks arising from the use of such platforms, as well as establishing mechanisms for the swift and straightforward removal of illegal content. Any recipient of platform services must be able to report such content and receive a response to which they may appeal.
In cases involving illegal content within a Member State, the competent authorities will be able to issue direct orders for its removal.
Competent Authorities for Issuing Orders to Platforms (Intermediary Service Providers)
The Act designates the following authorities as competent to issue orders for the removal of illegal content and requests for information:
- The State Attorney’s Office and the Ministry of the Interior - for illegal content constituting a criminal offence or misdemeanour.
- Croatian Personal Data Protection Agency - for illegal content involving breaches of regulations governing the protection of personal data.
- The Customs Administration of the Ministry of Finance - for illegal content infringing intellectual property rights.
- The State Inspectorate - for illegal content violating regulations within the jurisdiction of the Inspectorate, in accordance with powers granted by specific legislation.
- The Ministry of Health - for illegal content concerning healthcare, medicinal products, medical devices, and biomedicine, as regulated by relevant legislation.
- The Agency for Electronic Media - for illegal content relating to the field of electronic media, in accordance with the powers granted by special regulations.
- Other authorities - in accordance with the powers defined by specific laws governing their respective areas of competence.
A significant new provision introduced by the Act is that, from the date it comes into force, the aforementioned competent authorities will be empowered to issue orders for the removal of illegal content and requests for information not only to intermediary service providers based in the Republic of Croatia, but also to those whose place of establishment is in other European Union Member States. Both service providers and recipients of intermediary services may lodge an objection to such orders. These objections are decided upon by the Zagreb Misdemeanour Court, whose decisions may be appealed before the High Misdemeanour Court of the Republic of Croatia.
Complaints Against Intermediary Service Providers
Service recipients may lodge a complaint against an intermediary service provider if they believe there has been a breach of the provisions of the Digital Services Act. Such complaints are adjudicated by HAKOM (the Croatian Regulatory Authority for Network Industries), acting as the Digital Services Coordinator. Its decisions may be subject to judicial review through administrative proceedings. It is important to note that, under the DSA, Digital Services Coordinators are authorised solely to determine whether a platform is complying with its obligations under the Act. They are not empowered to assess the content itself, nor the validity of a platform’s decision to, for example, restrict a user’s access to information, suspend or terminate service provision, or close an account. The decisions made by platforms in such cases may be challenged through the platform’s internal complaint-handling system, which must be made available to users under the DSA.
Supervisory Enforcement and the Role of HAKOM
Competent authorities are empowered to conduct oversight through inspection-based mechanisms, while HAKOM’s investigative and enforcement powers are directly derived from the Regulation. HAKOM will continue to act as the Digital Services Coordinator, a role it has undertaken to date following a decision by the Government of the Republic of Croatia. It will maintain responsibility for coordinating the activities of the aforementioned competent authorities. HAKOM’s annual report will include not only its own activities but also those of all relevant enforcement bodies.
Trusted Flaggers
As the DSA introduces the concept of trusted flaggers - entities whose notifications regarding illegal content must be given priority by platforms - HAKOM will soon adopt an Ordinance outlining the criteria and procedures for granting, suspending, or revoking trusted flagger status.
Obligations of Intermediary Service Providers
The Act also requires intermediary service providers established in the Republic of Croatia to notify HAKOM of their service provision. Within one month of the Act entering into force, HAKOM will publish detailed information on its website regarding how to submit such notifications. The deadline for submission will be three months from the date this information is published.
Misdemeanour Provisions
The misdemeanour provisions of the Act define financial penalties for intermediary service providers, ranging from €6,630 to €66,360, or up to 6% of the provider’s total annual global turnover from the previous financial year—whichever amount is higher.
In the case of natural persons operating as sole traders, the Act prescribes fines ranging from €1,320 to €6,630.
More information about the Digital Services Act can be found at provided link.
For additional information please contact:
Croatian Regulatory Authority for Network Industries (HAKOM)
- Roberta Frangeša-Mihanovića 9 Street
- 10110 Zagreb, Croatia
- Tel. + 385 (0) 1 700 70 07
- Fax + 385 (0)1 700 70 70
Media inquiries can be submitted online using HAKOM’s official website: www.hakom.hr
About Hakom
HAKOM - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary expertise in market regulation.