keyboard_tab Digital Market Act 2022/1925 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Designation of gatekeepers
- Article 4 Review of the status of gatekeeper
- Article 5 Obligations for gatekeepers
- Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- Article 7 Obligation for gatekeepers on interoperability of number-independent interpersonal communications services
- Article 8 Compliance with obligations for gatekeepers
- Article 9 Suspension
- Article 10 Exemption for grounds of public health and public security
- Article 11 Reporting
- Article 12 Updating obligations for gatekeepers
- Article 13 Anti-circumvention
- Article 14 Obligation to inform about concentrations
- Article 15 Obligation of an audit
- Article 16 Opening of a market investigation
- Article 17 Market investigation for designating gatekeepers
- Article 18 Market investigation into systematic non-compliance
- Article 19 Market investigation into new services and new practices
- Article 20 Opening of proceedings
- Article 21 Requests for information
- Article 22 Power to carry out interviews and take statements
- Article 23 Powers to conduct inspections
- Article 24 Interim measures
- Article 25 Commitments
- Article 26 Monitoring of obligations and measures
- Article 27 Information by third parties
- Article 28 Compliance function
- Article 29 Non-compliance
- Article 30 Fines
- Article 31 Periodic penalty payments
- Article 32 Limitation periods for the imposition of penalties
- Article 33 Limitation periods for the enforcement of penalties
- Article 34 Right to be heard and access to the file
- Article 35 Annual reporting
- Article 36 Professional secrecy
- Article 37 Cooperation with national authorities
- Article 38 Cooperation and coordination with national competent authorities enforcing competition rules
- Article 39 Cooperation with national courts
- Article 40 The high-level group
- Article 41 Request for a market investigation
- Article 42 Representative actions
- Article 43 Reporting of breaches and protection of reporting persons
- Article 44 Publication of decisions
- Article 45 Review by the Court of Justice
- Article 46 Implementing provisions
- Article 47 Guidelines
- Article 48 Standardisation
- Article 49 Exercise of the delegation
- Article 50 Committee procedure
- Article 51 Amendment to Directive (EU) 2019/1937
- Article 52 Amendment to Directive (EU) 2020/1828
- Article 53 Review
- Article 54 Entry into force and application
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- shall 10
- period 9
- limitation 8
- commission 7
- which 7
- infringement 4
- imposition 3
- periodic 3
- penalty 3
- time 3
- article 2
- fines 2
- action 2
- payments 2
- pursuant 2
- however 2
- begin 2
- proceedings 2
- suspended 2
- subject 2
- the 2
- running 2
- interrupt 2
- opening 1
- proceeding 1
- officials 1
- each 1
- interruption 1
- issued 1
- start 1
- inspections 1
- conduct 1
- authorisations 1
- elapsed 1
- afresh 1
- extended 1
- court 1
- before 1
- pending 1
- decision 1
- long 1
- paragraph 1
- during 1
- payment 1
- expire 1
- fine 1
- imposed 1
- having 1
- without 1
- information 1
Article 32
Limitation periods for the imposition of penalties
1. The powers conferred on the Commission by Articles 30 and 31 shall be subject to a 5 year limitation period.
2. Time shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases.
3. Any action taken by the Commission for the purpose of a market investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. The limitation period shall be interrupted with effect from the date on which the action is notified to at least one undertaking or association of undertakings which has participated in the infringement. Actions which interrupt the running of the period shall include in particular the following:
| (a) | requests for information by the Commission; |
| (b) | written authorisations to conduct inspections issued to its officials by the Commission; |
| (c) | the opening of a proceeding by the Commission pursuant to Article 20. |
4. Each interruption shall start time running afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 5.
5. The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice.
whereas