keyboard_tab Digital Service Act 2022/2065 EN

1.   This Section shall apply to online_platforms and online_search_engines which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online_platforms or very large online_search_engines pursuant to paragraph 4.

2.   The Commission shall adopt delegated acts in accordance with Article 87 to adjust the number of average monthly active recipients of the service in the Union referred to in paragraph 1, where the Union’s population increases or decreases at least by 5 % in relation to its population in 2020 or its population after adjustment by means of a delegated act in the year in which the latest delegated act was adopted. In such a case, it shall adjust the number so that it corresponds to 10 % of the Union’s population in the year in which it adopts the delegated act, rounded up or down to allow the number to be expressed in millions.

3.   The Commission may adopt delegated acts in accordance with Article 87, after consulting the Board, to supplement the provisions of this Regulation by laying down the methodology for calculating the number of average monthly active recipients of the service in the Union, for the purposes of paragraph 1 of this Article and Article 24(2), ensuring that the methodology takes account of market and technological developments.

4.   The Commission shall, after having consulted the Member State of establishment or after taking into account the information provided by the Digital_Services_Coordinator_of_establishment pursuant to Article 24(4), adopt a decision designating as a very large online_platform or a very large online_search_engine for the purposes of this Regulation the online_platform or the online_search_engine which has a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1 of this Article. The Commission shall take its decision on the basis of data reported by the provider of the online_platform or of the online_search_engine pursuant to Article 24(2), or information requested pursuant to Article 24(3) or any other information available to the Commission.

The failure by the provider of the online_platform or of the online_search_engine to comply with Article 24(2) or to comply with the request by the Digital_Services_Coordinator_of_establishment or by the Commission pursuant to Article 24(3) shall not prevent the Commission from designating that provider as a provider of a very large online_platform or of a very large online_search_engine pursuant to this paragraph.

Where the Commission bases its decision on other information available to the Commission pursuant to the first subparagraph of this paragraph or on the basis of additional information requested pursuant to Article 24(3), the Commission shall give the provider of the online_platform or of the online_search_engine concerned 10 working days in which to submit its views on the Commission’s preliminary findings and on its intention to designate the online_platform or the online_search_engine as a very large online_platform or as a very large online_search_engine, respectively. The Commission shall take due account of the views submitted by the provider concerned.

The failure of the provider of the online_platform or of the online_search_engine concerned to submit its views pursuant to the third subparagraph shall not prevent the Commission from designating that online_platform or that online_search_engine as a very large online_platform or as a very large online_search_engine, respectively, based on other information available to it.

5.   The Commission shall terminate the designation if, during an uninterrupted period of one year, the online_platform or the online_search_engine does not have a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1.

6.   The Commission shall notify its decisions pursuant to paragraphs 4 and 5, without undue delay, to the provider of the online_platform or of the online_search_engine concerned, to the Board and to the Digital_Services_Coordinator_of_establishment.

The Commission shall ensure that the list of designated very large online_platforms and very large online_search_engines is published in the Official Journal of the European Union, and shall keep that list up to date. The obligations set out in this Section shall apply, or cease to apply, to the very large online_platforms and very large online_search_engines concerned from four months after the notification to the provider concerned referred to in the first subparagraph.