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
- order 22
- authority 11
- information 9
- provider 8
- issuing 7
- shall 7
- intermediary_services 7
- national 6
- given 6
- effect 6
- union 6
- language 5
- applicable 5
- provided 4
- illegal_content 4
- paragraph 3
- transmitted 3
- concerned 3
- without 3
- such 3
- declared 3
- from 3
- accordance 3
- basis 3
- about 3
- agreed 3
- services 3
- digital 3
- more 3
- recipient_of_the_service 3
- reference 2
- reasons 2
- orders 2
- the 2
- transmit 2
- article 2
- member state 2
- scope 2
- redress 2
- coordinator 2
- necessary 2
- statement 2
- territorial 2
- referred 2
- bilaterally 2
- specified 2
- undue 2
- delay 2
- compliance 2
- with article 2
Article 9
Orders to act against illegal_content
1. Upon the receipt of an order to act against one or more specific items of illegal_content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall inform the authority issuing the order, or any other authority specified in the order, of any effect given to the order without undue delay, specifying if and when effect was given to the order.
2. Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:
| (a) | that order contains the following elements:
|
| (b) | the territorial scope of that order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, is limited to what is strictly necessary to achieve its objective; |
| (c) | that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and that provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph. |
3. The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.
4. After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all other Digital Services Coordinators through the system established in accordance with Article 85.
5. At the latest when effect is given to the order or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and to the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons, the possibilities for redress that exist, and a description of the territorial scope of the order, in accordance with paragraph 2.
6. The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.
whereas