Luxembourg MEP Fernand Kartheiser (NI) has challenged the European Commission over what he describes as an asymmetric dynamic in the Digital Services Act (DSA) codes of conduct, arguing that signing them offers regulatory benefits while non-participation carries implicit risk. The written question, submitted on 16 July 2026, targets the Commission's interpretation of the DSA's provisions on voluntary codes.
Kartheiser cites the Commission's own reply to a previous question (E-001432/2026), which stated that non-compliance with the codes 'is not sanctionable as such' but acknowledged that adherence may be considered an appropriate risk mitigation measure supporting DSA compliance. He also points to Recital 104 of the DSA, which says that refusal without proper explanations to participate in a code 'could be taken into account' when determining infringement of DSA obligations.
whether the Commission accepts that this creates an asymmetric dynamic, and if so, how it maintains that participation is genuinely free from pressure. The question does not propose concrete targets or deadlines but seeks clarification on the legal and practical implications of the DSA's code-of-conduct framework.
The Commission is expected to reply within approximately six weeks. The answer will signal whether the Commission views the codes as genuinely voluntary or as a de facto regulatory tool, and may clarify the legal boundaries between incentives and coercion under the DSA. The issue affects large online platforms and search engines that are signatories or potential signatories to DSA codes, as well as smaller competitors who may face different compliance burdens.