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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:
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:
Skills and Qualifications
Minimum of a bachelor’s degree in economics, business administration, cyber law, or related field.
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.
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