keyboard_tab Digital Service Act 2022/2065 EN
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- 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
- council 46
- european 40
- parliament 38
- oj l 36
- //ec 19
- directive 19
- directive 17
- no / 14
- regulation 13
- regulation 12
- repealing 9
- amending 9
- protection 8
- services 7
- //jha 7
- data 7
- april 7
- electronic 7
- consumer 6
- //eu 6
- decision 5
- june 5
- market 5
- concerning 5
- article 5
- may 5
- information 4
- rights 4
- shall 4
- general 4
- certain 4
- replacing 4
- combating 4
- personal 4
- enforcement 4
- processing 4
- communications 4
- //eec 4
- down 3
- framework 3
- council 3
- union 3
- eu no / 3
- regulations 3
- rules 3
- internal 3
- products 3
- cooperation 3
- of december 3
- commercial 3
Article 93
Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. This Regulation shall apply from 17 February 2024.
However, Article 24(2), (3) and (6), Article 33(3) to (6), Article 37(7), Article 40(13), Article 43 and Sections 4, 5 and 6 of Chapter IV shall apply from 16 November 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 19 October 2022.
For the European Parliament
The President
R. METSOLA
For the Council
The President
M. BEK
(1) OJ C 286, 16.7.2021, p. 70.
(2) OJ C 440, 29.10.2021, p. 67.
(3) Position of the European Parliament of 5 July 2022 (not yet published in the Official Journal) and decision of the Council of 4 October 2022.
(4) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information_society_services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
(5) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
(6) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(7) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
(8) Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1).
(9) Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
(10) Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of the terrorist content online (OJ L 172, 17.5.2021, p. 79).
(11) Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).
(12) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
(13) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
(14) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(15) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
(16) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).
(17) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(18) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).
(19) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
(20) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(21) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
(22) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).
(23) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).
(24) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
(25) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(26) Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
(27) Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
(28) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(29) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(30) Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation (OJ L 104, 25.3.2021, p. 1).
(31) Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).
(32) Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
(33) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
(34) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(35) OJ L 123, 12.5.2016, p. 1.
(36) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(37) OJ C 149, 27.4.2021, p. 3.
(38) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
(39) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).
(40) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
(41) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).