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 10
- european parliament 7
- delegation 6
- power 6
- commission 6
- delegated 5
- period 5
- council 4
- months 4
- three 3
- articles 3
- the 3
- the council 3
- later 3
- and 3
- before 3
- extended 2
- force 2
- decision 2
- than 2
- specified 2
- down 2
- laid 2
- acts 2
- conferred 2
- referred 2
- adopting 1
- adopts 1
- soon 1
- as 1
- consult 1
- experts 1
- notify 1
- interinstitutional 1
- designated 1
- law-making 1
- each member state 1
- accordance 1
- better 1
- of april 1
- agreement 1
- principles 1
- objection 1
- simultaneously 1
- notification 1
- object 1
- will 1
- they 1
- informed 1
- both 1
Article 87
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Articles 24, 33, 37, 40 and 43 shall be conferred on the Commission for five years starting from 16 November 2022. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 24, 33, 37, 40 and 43 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 24, 33, 37, 40 and 43 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
whereas