Study to assess the interaction between the DSA and the Member States' National Measures

This summary outlines a procurement contract opportunity for a study aimed at assessing how EU Member States have adapted their national legislation to the Digital Services Act (DSA). The contract is valued at a maximum of 50,000 EUR and is part of the European Commission's initiative, specifically under the Directorate-General for Communications Networks, Content and Technology (DG CNECT).

The study will map existing and upcoming national measures applicable to online intermediary services within the DSA's harmonized regulatory framework. Its objectives include identifying overlaps or conflicts with the DSA to avoid fragmentation of the Single Market.

Eligible applicants for this opportunity include research institutions, consultancies, and companies with expertise in digital policy analysis. The funding type is procurement, and there is no requirement for forming a consortium; a single applicant can fulfill the contract.

Geographically, eligible applicants are likely restricted to entities based in EU Member States, as the study pertains specifically to EU legislation. The sector targeted is Information and Communication Technology (ICT), particularly focusing on regulation relevant to online services.

The planned procedure is a negotiated one without a specific mention of stage-wise application processes, indicating a potential two-stage approach: an initial expression of interest followed by a full proposal from selected candidates. The timeline includes a start date for expressions of interest on July 24, 2025, with a deadline of August 9, 2025, and an indicative launch date for the negotiated procedure set for August 11, 2025.

The contract will be a fixed-price service agreement with deliverables due within a maximum duration of four months. The opportunity is not a call for tenders but rather a pre-announcement for a future negotiating procedure. There is no co-funding requirement for applicants, and while specific success rates for application submissions are not provided, the nature of the negotiation process suggests a potentially higher success rate for invited candidates compared to open calls.

This opportunity is particularly suited for organizations with demonstrated expertise in EU law and policy research related to the DSA and its implications for online services. The study's findings will support the European Commission's regulatory enforcement and compliance monitoring efforts regarding Treaty obligations within the EU.

This is a pre-information notice for a planned negotiated procedure for a low or middle value contract, not a call for tenders. The contracting authority intends to publish a future negotiated procedure.

The procedure identifier is EC-CNECT/2025/LVP/0077-EXA.

The title of the planned call for tenders is "Study to assess the interaction between the DSA and the Member States' National Measures".

The description is as follows: On 17 February 2024, Regulation (EU) 2022/2065 (hereinafter, the “Digital Services Act” or the “DSA”), setting out a fully harmonized horizontal framework for the regulation of the activities of providers of intermediary services, entered into full application. As laid down in Article 1 of the DSA, the Regulation aims to contribute to the proper functioning of the internal market for intermediary services by establishing fully harmonized rules for a safe, predictable and reliable online environment. The DSA sets out a maximum harmonization EU regulatory framework for providers of intermediary services in the Union, laying down harmonized provisions. The general objective of this study is to support the European Commission in its role of enforcer of the Treaties, which in this case requires assessing whether Member States have adapted their national legislation upon the DSA becoming fully applicable and identifying any remaining issues of overlap or possible incompatibility with the DSA. More specifically, the objective of the study is to produce a mapping of the existing and upcoming national measures applicable to providers of online intermediary services falling within the harmonized regulatory fields of the DSA. The study would provide a complete mapping of the existing or planned national legally binding acts (hereinafter, the ‘national measures’) in the subject matter covered by the DSA. These national measures are to be analyzed systematically with a view to identify any case where they might overlap and/or conflict with the DSA, thus also creating a risk of fragmentation of the Single Market.

The maximum total value of the contract is 50 000 EUR. The procedure type is a planned negotiated procedure for a middle/low value contract.

The lead contracting authority is the European Commission, DG CNECT Communications Networks, Content and Technology.

The main classification (CPV) code is 79310000 Market research services.

The nature of the contract is for services.

The maximum contract duration is 4 months. There is no framework agreement.

Milestones:
Start date for expression of interest: 2025-07-24 Europe/Brussels
Deadline for expression of interest: 09/08/2025 04:59 Europe/Brussels
Indicative date of launch of the negotiated procedure: 2025-08-11 Europe/Brussels

Expression of interest:
Submissions must be sent exclusively at the address for submission given below.
Method of expression of interest: Electronic
Address for expression of interest: Express interest

FAQ:
Where can I find the procurement documents for calls for tenders with ‘ExA' in the reference? References that feature an ‘ExA’ are not calls for tenders. They are a publication announcing the contracting authority’s intent to launch in the future a low or middle negotiated procedure. Published on 03/10/2024 16:32

This opportunity is a pre-information notice regarding a planned study to be conducted for the European Commission, specifically DG CNECT. The study aims to assess how well Member States have aligned their national laws with the EU's Digital Services Act (DSA). The core goal is to identify any overlaps or inconsistencies between national measures and the DSA, which could potentially fragment the Single Market. The study will involve mapping existing and upcoming national laws related to online intermediary services, analyzing them for compatibility with the DSA. The maximum budget for this study is 50,000 EUR, and the contract is expected to last for four months. The expression of interest phase is scheduled for late July and early August 2025, with the negotiated procedure expected to launch shortly after. This is not a call for tenders but an announcement of a future opportunity.

Eligible Applicant Types: The opportunity details do not explicitly state the eligible applicant types. However, given the nature of the contract as a study and the CPV code indicating market research services, eligible applicants could include research institutes, consulting firms, universities, and other organizations with expertise in legal and policy analysis related to digital services.

Funding Type: This is a procurement opportunity, specifically a planned negotiated procedure for a middle/low value contract. The nature of the contract is for services.

Consortium Requirement: The opportunity details do not specify whether a single applicant or a consortium is required. It is possible that either a single entity or a consortium could apply, but this would need to be clarified in the full call for tenders documentation when it is released.

Beneficiary Scope (Geographic Eligibility): The opportunity relates to the Digital Services Act and its implementation within the EU internal market. Therefore, it is highly likely that the geographic eligibility will primarily focus on applicants from the EU member states.

Target Sector: The target sector is ICT, specifically focusing on the regulation of online intermediary services as governed by the Digital Services Act (DSA). It also touches upon legal and policy aspects related to the digital single market.

Mentioned Countries: No specific countries are mentioned, but the opportunity focuses on the EU and its member states due to the DSA's application within the European Union.

Project Stage: The project stage is research, specifically a study to assess the interaction between the DSA and the Member States' national measures. This involves mapping, analysis, and identification of potential overlaps or conflicts.

Funding Amount: The maximum total value of the contract is 50,000 EUR.

Application Type: The application type is a planned negotiated procedure. This means that after the expression of interest, the contracting authority will likely invite a select number of candidates to submit full proposals. The initial stage involves an electronic expression of interest.

Nature of Support: Beneficiaries will receive money in the form of a service contract payment upon successful completion of the study and deliverables.

Application Stages: There are at least two stages: 1) Expression of interest (electronic submission), and 2) Submission of a full proposal (likely by invitation only to those who successfully expressed interest). There may be further stages within the negotiated procedure.

Success Rates: The success rates are not specified, but given that this is a negotiated procedure, the success rate for those invited to submit a full proposal is likely to be higher than an open call. However, the initial expression of interest stage will likely have a lower success rate as the contracting authority selects candidates for the negotiated procedure.

Co-funding Requirement: The opportunity details do not mention any co-funding requirement.

Summary:

This is a pre-announcement for a planned negotiated procurement procedure by the European Commission, DG CNECT, related to a study assessing the interaction between the Digital Services Act (DSA) and the national measures of EU Member States. The study aims to map existing and upcoming national laws applicable to online intermediary service providers and identify any overlaps or conflicts with the DSA to ensure the proper functioning of the EU's digital single market. The maximum contract value is 50,000 EUR, and the contract duration is 4 months. The procedure will involve an initial electronic expression of interest, followed by a negotiated procedure with selected candidates. The indicative start date for the expression of interest is 2025-07-24, with a deadline of 2025-08-09. The indicative date for the launch of the negotiated procedure is 2025-08-11. This opportunity is relevant for organizations with expertise in legal and policy research related to digital services and EU law. The successful applicant will be responsible for providing a comprehensive mapping and analysis of national measures in relation to the DSA.