Advisory board

(1) An advisory board is established at the Digital Services Coordinator.
(2) The advisory board consists of the following 16 members: 1. four representatives of academia, 2. eight representatives of civil society, including consumer associations, and 3. four representatives of trade associations. Undertakings may not be members of the advisory board. The representatives should, with regard to the manner in which digital services operate, possess particular legal, economic, socio-political or technological experience, or demonstrated relevant academic knowledge.
(3) The advisory board has the task of 1. advising the Digital Services Coordinator and the other competent authorities under section 12(2) and (3) on fundamental questions concerning the application and enforcement of Regulation (EU) 2022/2065, 2. proposing to the Digital Services Coordinator and the other competent authorities under section 12(2) and (3) general recommendations for the effective and uniform implementation of Regulation (EU) 2022/2065, and 3. bringing scientific questions, in particular also concerning the handling of data, to the attention of the Digital Services Coordinator and the other competent authorities under section 12(2) and (3).
(4) The members of the advisory board are proposed by the German Bundestag and appointed, for the duration of the electoral term of the German Bundestag, by the Federal Ministry for Economic Affairs and Climate Action, in agreement with the Federal Ministry for Digital and Transport. They remain in office, after the end of the electoral term of the German Bundestag, until the new members have been appointed. Members of the advisory board may resign their membership. The resignation must be declared to the Federal Ministry for Economic Affairs and Climate Action in writing or electronically. The Federal Ministry for Digital and Transport must be informed of this by the Federal Ministry for Economic Affairs and Climate Action. Where a member leaves prematurely, a new member must be appointed in their place without delay.
(5) The members of the advisory board are independent in the exercise of their activity on the advisory board, are subject to no instructions, and are bound exclusively by the public interest.
(6) The advisory board shall adopt rules of procedure for itself.
(7) The advisory board shall elect, from among its members and in accordance with its rules of procedure, a chairing member and a deputy chairing member.
(8) The Federal Network Agency shall maintain an office for the advisory board. This office must be adequately resourced.
(9) The members of the advisory board receive reimbursement of travel expenses and an appropriate meeting allowance, which the Federal Ministry for Economic Affairs and Climate Action shall set in consultation with the Federal Ministry for Digital and Transport.
(10) The advisory board should meet at least once a quarter. Meetings must be convened where the Digital Services Coordinator or at least three members apply for a meeting to be convened. The chair of the advisory board may convene a meeting at any time. The advisory board may involve other institutions and groups, in a suitable form, in the course of its activity.
(11) Meetings are public, unless the advisory board decides otherwise in accordance with its rules of procedure. The written documents of the advisory board, such as reports, recommendations, expert opinions and position papers, must be published freely accessible on the Digital Services Coordinator's website, in accordance with the requirements applicable to the Digital Services Coordinator under section 17(3), insofar as the business and trade secrets of affected undertakings are safeguarded and the documents do not concern confidential information or information from ongoing proceedings.
(12) The head of the Digital Services Coordinator, or their deputy, shall attend the meetings. They must be heard at any time during the meeting. The advisory board may require the attendance of the head of the Digital Services Coordinator where the head's deputy is unavailable.
(13) The advisory board shall report annually to the German Bundestag on its activity under paragraph 3 and with regard to its cooperation with the Digital Services Coordinator and the other competent authorities under section 12(2) and (3).
(14) The Digital Services Coordinator and the other competent authorities under section 12(2), first sentence and (3) shall, on request, inform the advisory board of their activities beyond the activity report under section 17. In doing so, the professional secrecy obligation under Article 84 of Regulation (EU) 2022/2065, as well as business and trade secrets, must be observed. The information is as a rule provided at the meetings of the advisory board.