Management of the Digital Services Coordinator

(1) The head of the Digital Services Coordinator takes the decisions provided for by Regulation (EU) 2022/2065.
(2) The head of the Digital Services Coordinator represents the Federal Republic of Germany on the European Board for Digital Services under Article 61 of Regulation (EU) 2022/2065 and exercises the right to vote. The head of the Digital Services Coordinator may, in doing so, be represented under Article 62(1), first sentence of Regulation (EU) 2022/2065. The competent authorities under section 12(2) and (3) may, in accordance with their specific responsibilities, participate in the work of the Board under Article 62(1), third sentence of Regulation (EU) 2022/2065.
(3) The head of the Digital Services Coordinator holds the status of a civil servant appointed for a fixed term. The term of office is five years. A single extension for a further five years is permissible.
(4) The head of the Digital Services Coordinator must, for the performance of their tasks and the exercise of their powers, possess the necessary qualifications, experience and expertise, in particular in the area of the business models of digital services, and knowledge of the legal framework applicable to digital services.
(5) The head of the Digital Services Coordinator is proposed, following a public tender, by the President of the Federal Network Agency to the Federal Ministry for Economic Affairs and Climate Action. In exercising this right of proposal, the President of the Federal Network Agency acts independently. The head is appointed by the Federal President. Until the head of the Digital Services Coordinator is appointed, the President of the Federal Network Agency performs the tasks of management in an acting capacity, unless a deputy for the head has been designated by the previous head of the Digital Services Coordinator. Where a Federal civil servant is appointed head, the rights and duties arising from that person's permanent civil service status are suspended for the duration of the fixed-term civil service status. This does not extend to the duty of confidentiality and the prohibition on accepting rewards, gifts or other benefits.
(6) The head of the Digital Services Coordinator may neither own nor manage an undertaking of the digital economy, nor may that person be a member of the management board or supervisory board of an undertaking of the digital economy, nor may that person be a member of a government or of a legislative body of the Federation or of a Land.