keyboard_tab Digital Service Act 2022/2065 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
- Art. 1 Subject matter
- Art. 2 Scope
- Art. 3 Definitions
- Art. 4 ‘Mere conduit’
- Art. 5 ‘Caching’
- Art. 6 Hosting
- Art. 7 Voluntary own-initiative investigations and legal compliance
- Art. 8 No general monitoring or active fact-finding obligations
- Art. 9 Orders to act against illegal content
- Art. 10 Orders to provide information
- Art. 11 Points of contact for Member States’ authorities, the Commission and the Board
- Art. 12 Points of contact for recipients of the service
- Art. 13 Legal representatives
- Art. 14 Terms and conditions
- Art. 15 Transparency reporting obligations for providers of intermediary services
- Art. 16 Notice and action mechanisms
- Art. 17 Statement of reasons
- Art. 18 Notification of suspicions of criminal offences
- Art. 19 Exclusion for micro and small enterprises
- Art. 20 Internal complaint-handling system
- Art. 21 Out-of-court dispute settlement
- Art. 22 Trusted flaggers
- Art. 23 Measures and protection against misuse
- Art. 24 Transparency reporting obligations for providers of online platforms
- Art. 25 Online interface design and organisation
- Art. 26 Advertising on online platforms
- Art. 27 Recommender system transparency
- Art. 28 Online protection of minors
- Art. 29 Exclusion for micro and small enterprises
- Art. 30 Traceability of traders
- Art. 31 Compliance by design
- Art. 32 Right to information
- Art. 33 Very large online platforms and very large online search engines
- Art. 34 Risk assessment
- Art. 35 Mitigation of risks
- Art. 36 Crisis response mechanism
- Art. 37 Independent audit
- Art. 38 Recommender systems
- Art. 39 Additional online advertising transparency
- Art. 40 Data access and scrutiny
- Art. 41 Compliance function
- Art. 42 Transparency reporting obligations
- Art. 43 Supervisory fee
- Art. 44 Standards
- Art. 45 Codes of conduct
- Art. 46 Codes of conduct for online advertising
- Art. 47 Codes of conduct for accessibility
- Art. 48 Crisis protocols
- Art. 49 Competent authorities and Digital Services Coordinators
- Art. 50 Requirements for Digital Services Coordinators
- Art. 51 Powers of Digital Services Coordinators
- Art. 52 Penalties
- Art. 53 Right to lodge a complaint
- Art. 54 Compensation
- Art. 55 Activity reports
- Art. 56 Competences
- Art. 57 Mutual assistance
- Art. 58 Cross-border cooperation among Digital Services Coordinators
- Art. 59 Referral to the Commission
- Art. 60 Joint investigations
- Art. 61 European Board for Digital Services
- Art. 62 Structure of the Board
- Art. 63 Tasks of the Board
- Art. 64 Development of expertise and capabilities
- Art. 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines
- Art. 66 Initiation of proceedings by the Commission and cooperation in investigation
- Art. 67 Requests for information
- Art. 68 Power to take interviews and statements
- Art. 69 Power to conduct inspections
- Art. 70 Interim measures
- Art. 71 Commitments
- Art. 72 Monitoring actions
- Art. 73 Non-compliance
- Art. 74 Fines
- Art. 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
- Art. 76 Periodic penalty payments
- Art. 77 Limitation period for the imposition of penalties
- Art. 78 Limitation period for the enforcement of penalties
- Art. 79 Right to be heard and access to the file
- Art. 80 Publication of decisions
- Art. 81 Review by the Court of Justice of the European Union
- Art. 82 Requests for access restrictions and cooperation with national courts
- Art. 83 Implementing acts relating to Commission intervention
- Art. 84 Professional secrecy
- Art. 85 Information sharing system
- Art. 86 Representation
- Art. 87 Exercise of the delegation
- Art. 88 Committee procedure
- Art. 89 Amendments to Directive 2000/31/EC
- Art. 90 Amendment to Directive (EU) 2020/1828
- Art. 91 Review
- Art. 92 Anticipated application to providers of very large online platforms and of very large online search engines
- Article 93 Entry into force and application
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- dispute 40
- settlement 35
- out-of-court 27
- shall 24
- body 20
- bodies 12
- certified 12
- including 11
- services 9
- have 9
- disputes 8
- digital 8
- coordinator 6
- subparagraph 6
- online_platforms 6
- providers 6
- paragraph 6
- accordance 6
- they 6
- referred 6
- online_platform 5
- fees 5
- information 5
- relation 5
- functioning 5
- first 5
- submitted 4
- period 4
- which 4
- entities 4
- easily 4
- accessible 4
- recipient_of_the_service 4
- parties 4
- applicable 4
- provider 4
- before 4
- decisions 4
- service 4
- certification 4
- make 3
- concerned 3
- resolve 3
- been 3
- coordinators 3
- received 3
- report 3
- entity 3
- individuals 3
- reasonable 3
Article 21
Out-of-court dispute settlement
1. Recipients of the service, including individuals or entities that have submitted notices, addressed by the decisions referred to in Article 20(1) shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 3 of this Article in order to resolve disputes relating to those decisions, including complaints that have not been resolved by means of the internal complaint-handling system referred to in that Article.
Providers of online_platforms shall ensure that information about the possibility for recipients of the service to have access to an out-of-court dispute settlement, as referred to in the first subparagraph, is easily accessible on their online_interface, clear and user-friendly.
The first subparagraph is without prejudice to the right of the recipient_of_the_service concerned to initiate, at any stage, proceedings to contest those decisions by the providers of online_platforms before a court in accordance with the applicable law.
2. Both parties shall engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute.
Providers of online_platforms may refuse to engage with such out-of-court dispute settlement body if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content.
The certified out-of-court dispute settlement body shall not have the power to impose a binding settlement of the dispute on the parties.
3. The Digital Services Coordinator of the Member State where the out-of-court dispute settlement body is established shall, for a maximum period of five years, which may be renewed, certify the body, at its request, where the body has demonstrated that it meets all of the following conditions:
| (a) | it is impartial and independent, including financially independent, of providers of online_platforms and of recipients of the service provided by providers of online_platforms, including of individuals or entities that have submitted notices; |
| (b) | it has the necessary expertise in relation to the issues arising in one or more particular areas of illegal_content, or in relation to the application and enforcement of terms_and_conditions of one or more types of online_platform, allowing the body to contribute effectively to the settlement of a dispute; |
| (c) | its members are remunerated in a way that is not linked to the outcome of the procedure; |
| (d) | the out-of-court dispute settlement that it offers is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online; |
| (e) | it is capable of settling disputes in a swift, efficient and cost-effective manner and in at least one of the official languages of the institutions of the Union; |
| (f) | the out-of-court dispute settlement that it offers takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible, and that comply with applicable law, including this Article. |
The Digital Services Coordinator shall, where applicable, specify in the certificate:
| (a) | the particular issues to which the body’s expertise relates, as referred to in point (b) of the first subparagraph; and |
| (b) | the official language or languages of the institutions of the Union in which the body is capable of settling disputes, as referred to in point (e) of the first subparagraph. |
4. Certified out-of-court dispute settlement bodies shall report to the Digital Services Coordinator that certified them, on an annual basis, on their functioning, specifying at least the number of disputes they received, the information about the outcomes of those disputes, the average time taken to resolve them and any shortcomings or difficulties encountered. They shall provide additional information at the request of that Digital Services Coordinator.
Digital Services Coordinators shall, every two years, draw up a report on the functioning of the out-of-court dispute settlement bodies that they certified. That report shall in particular:
| (a) | list the number of disputes that each certified out-of-court dispute settlement body has received annually; |
| (b) | indicate the outcomes of the procedures brought before those bodies and the average time taken to resolve the disputes; |
| (c) | identify and explain any systematic or sectoral shortcomings or difficulties encountered in relation to the functioning of those bodies; |
| (d) | identify best practices concerning that functioning; |
| (e) | make recommendations as to how to improve that functioning, where appropriate. |
Certified out-of-court dispute settlement bodies shall make their decisions available to the parties within a reasonable period of time and no later than 90 calendar days after the receipt of the complaint. In the case of highly complex disputes, the certified out-of-court dispute settlement body may, at its own discretion, extend the 90 calendar day period for an additional period that shall not exceed 90 days, resulting in a maximum total duration of 180 days.
5. If the out-of-court dispute settlement body decides the dispute in favour of the recipient_of_the_service, including the individual or entity that has submitted a notice, the provider of the online_platform shall bear all the fees charged by the out-of-court dispute settlement body, and shall reimburse that recipient, including the individual or entity, for any other reasonable expenses that it has paid in relation to the dispute settlement. If the out-of-court dispute settlement body decides the dispute in favour of the provider of the online_platform, the recipient_of_the_service, including the individual or entity, shall not be required to reimburse any fees or other expenses that the provider of the online_platform paid or is to pay in relation to the dispute settlement, unless the out-of-court dispute settlement body finds that that recipient manifestly acted in bad faith.
The fees charged by the out-of-court dispute settlement body to the providers of online_platforms for the dispute settlement shall be reasonable and shall in any event not exceed the costs incurred by the body. For recipients of the service, the dispute settlement shall be available free of charge or at a nominal fee.
Certified out-of-court dispute settlement bodies shall make the fees, or the mechanisms used to determine the fees, known to the recipient_of_the_service, including to the individuals or entities that have submitted a notice, and to the provider of the online_platform concerned, before engaging in the dispute settlement.
6. Member States may establish out-of-court dispute settlement bodies for the purposes of paragraph 1 or support the activities of some or all out-of-court dispute settlement bodies that they have certified in accordance with paragraph 3.
Member States shall ensure that any of their activities undertaken under the first subparagraph do not affect the ability of their Digital Services Coordinators to certify the bodies concerned in accordance with paragraph 3.
7. A Digital Services Coordinator that has certified an out-of-court dispute settlement body shall revoke that certification if it determines, following an investigation either on its own initiative or on the basis of the information received by third parties, that the out-of-court dispute settlement body no longer meets the conditions set out in paragraph 3. Before revoking that certification, the Digital Services Coordinator shall afford that body an opportunity to react to the findings of its investigation and its intention to revoke the out-of-court dispute settlement body’s certification.
8. Digital Services Coordinators shall notify to the Commission the out-of-court dispute settlement bodies that they have certified in accordance with paragraph 3, including where applicable the specifications referred to in the second subparagraph of that paragraph, as well as the out-of-court dispute settlement bodies the certification of which they have revoked. The Commission shall publish a list of those bodies, including those specifications, on a dedicated website that is easily accessible, and keep it up to date.
9. This Article is without prejudice to Directive 2013/11/EU and alternative dispute resolution procedures and entities for consumers established under that Directive.
whereas