Anunțuri de Angajare

SCOPE OF WORK

Position:                            National DSA/DMA Expert (Consultant)

Period of Performance:    December 2023 – February 2024

Total Level of Effort:         up to 30 days

Work Plan Activity:           Task 2.1.6 (FY 2024 Work Plan): Alignment of Legal Framework with the EU Digital Services Act (DSA) and Digital Market Act (DMA)

Background

The USAID Moldova Institutional and Structural Reform Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis, improve the institutional, business, and trade enabling environment in Moldova by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors. MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.

 Activity Overview

As a result of significant transformations in the digital landscape since the adoption of the eCommerce Directive two decades ago, the EU has enacted new policies to address issues that have emerged. Online intermediaries, especially online platforms, have become crucial drivers of digitalization, thus offering considerable benefits to consumers, fostering innovation, and enabling cross-border trade within and outside the European Union (EU).

However, these platforms can also present challenges as channels for illegal content and trade in illegal goods and services. Some of the largest such platforms have become quasi-public spaces for information and online trade, and their systemic nature raises concerns about users' rights, information flows, and public protection.

The Digital Services Act (DSA) and the Digital Markets Act (DMA) primarily target digital service providers with substantial market influence as online intermediaries and platforms.

Following the adoption of the Digital Services Package by the European Parliament in July 2022, both the DSA and DMA were adopted by the Council of the European Union and published in its Official Journal.

With respect to the Republic of Moldova, the transposition of the DMA and DSA was included in the National Action Plan to meet the criteria for accession into the EU and to implement the Moldova-EU Association Agreement for 2023-2027, and the updated version of Annex XXVIII-B of the Moldova-EU Association Agreement.

Because the regulatory framework will impact the eCommerce environment in Moldova, the Ministry of Economic Development and Digitalization (MoEDD) and the Economic Council to the Prime Minister have requested support with assessing Moldova’s readiness, and they have recommended necessary steps (i.e., timetable) for harmonizing the national legislation with the DSA and DMA.

Under this scope of work (SoW) the Consultant will support USAID MISRA and the MoEDD in evaluating the country's legal, institutional, and operational preparedness to effectively implement and enforce the EU’s regulations, including to:

• Provide a holistic view of Moldova's readiness and capabilities to transpose the DSA and DMA by identifying its strengths, weaknesses, and areas that require immediate attention or further development to ensure a successful integration of the regulations into the national legal and regulatory framework.
• Identify areas within the existing legal framework that may need to be adjusted, amended, or developed through new laws that align with the requirements of the DSA and DMA.
• Strengthen the capacity and capability of relevant government agencies or bodies responsible for overseeing and enforcing the DSA and DMA regulations.
• Review Moldova's technical infrastructure, including its digital infrastructure and connectivity, to determine if it can support the implementation and enforcement of the DSA and DMA provisions.
• Assess the adequacy of data protection and privacy regulations in Moldova to ensure they align with the principles outlined in the DSA and DMA, particularly on user rights and management of data.
• Provide a comprehensive analysis of Moldova’s digital services and online platforms market to identify entities that may be within the scope of the DSA and DMA.
• Identify potential benefits and constraints on Moldova's digital economy, innovation, competition, and users’ rights from transposing the requirements of the DSA and DMA.

 Responsibilities and Tasks

The Expert will be responsible for the following:

·         Develop the initial assessment of Moldova’s readiness to transpose the EU’s DSA and DMA.

·         Recommend further steps and a timetable to enhance the effective implementation and enforcement of the DSA and DMA provisions in Moldova’s legislation (including a potential list of laws and regulations to be amended and a list of new laws to be developed).

·         Participate in consultations and discussions with the MoEDD and the Economic Council to the Prime Minister on the assessment and adjust the assessment based on their comments and proposals.

 Deliverables

The Expert will produce the following deliverables:

• 1) Draft of DMA/DSA Harmonization Assessment Report by December 30, 2024.
• 2) Final revised Harmonization Assessment Report based on feedback from relevant stakeholders by January 30, 2024.
• 3) Formal presentation of the findings and recommendations by February 15, 2024.
• 4) Finalization report summarizing the work completed, findings, and recommendations, using the MISRA template by February 29, 2024.

Skills and Qualifications

• Minimum of a bachelor’s degree in economics, business administration, cyber law, or related field.

• Demonstrated in-depth understanding of EU and Moldova e-commerce and digital economy eco-system.
• Ability to analyze policy documents, assess their potential impact on digital markets, and identify compliance requirements.
• Experience and skill in conducting regulatory impact assessments to evaluate the effects of policy changes on various stakeholders.
• Demonstrated experience in legal research, policy analysis, or regulatory affairs in the digital sector.
• Demonstrated ability to interact with government and private sector stakeholders consistent with this SoW.
• Experience working with USAID or other international donors preferred.

 Supervisory Responsibilities and Reporting

 The Consultant will coordinate tasks and deliverables directly with the Component 2 Structural Reform Team Lead and Structural Reform Expert.

How to Apply

 We welcome your CV and cover letter at Moldovajobs@nathaninc.com. Please apply by October 25, with “Expert on DMA and DSA Assessment” in the subject line. This short-term position will remain open until filled.