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
- shall 9
- in article 8
- enshrined 7
- very 6
- large 6
- risk 6
- assessments 5
- risks 5
- including 4
- systemic 4
- the charter 4
- systems 4
- negative 4
- specific 3
- into 3
- charter 3
- foreseeable 3
- rights 3
- services 3
- effects 3
- protection 3
- actual 3
- online_search_engines 3
- assessment 3
- service 3
- online_platforms 3
- data 2
- respect 2
- analyse 2
- pursuant 2
- terms_and_conditions 2
- particular 2
- freedom 2
- fundamental 2
- following 2
- providers 2
- dissemination 2
- illegal_content 2
- public 2
- related 2
- account 2
- least 2
- algorithmic 2
- design 2
- whether 2
- from 2
- take 2
- information 2
- referred 2
- paragraph : 1
Article 34
Risk assessment
1. Providers of very large online_platforms and of very large online_search_engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.
They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:
| (a) | the dissemination of illegal_content through their services; |
| (b) | any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter; |
| (c) | any actual or foreseeable negative effects on civic discourse and electoral processes, and public security; |
| (d) | any actual or foreseeable negative effects in relation to gender-based violence, the protection of public health and minors and serious negative consequences to the person’s physical and mental well-being. |
2. When conducting risk assessments, providers of very large online_platforms and of very large online_search_engines shall take into account, in particular, whether and how the following factors influence any of the systemic risks referred to in paragraph 1:
| (a) | the design of their recommender_systems and any other relevant algorithmic system; |
| (b) | their content_moderation systems; |
| (c) | the applicable terms_and_conditions and their enforcement; |
| (d) | systems for selecting and presenting advertisements; |
| (e) | data related practices of the provider. |
The assessments shall also analyse whether and how the risks pursuant to paragraph 1 are influenced by intentional manipulation of their service, including by inauthentic use or automated exploitation of the service, as well as the amplification and potentially rapid and wide dissemination of illegal_content and of information that is incompatible with their terms_and_conditions.
The assessment shall take into account specific regional or linguistic aspects, including when specific to a Member State.
3. Providers of very large online_platforms and of very large online_search_engines shall preserve the supporting documents of the risk assessments for at least three years after the performance of risk assessments, and shall, upon request, communicate them to the Commission and to the Digital_Services_Coordinator_of_establishment.
whereas