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
- 1 Art. 41 Compliance function
- 1 Art. 43 Supervisory fee
- 1 Art. 83 Implementing acts relating to Commission intervention
- 1 Art. 85 Information sharing system
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
- very 40
- large 40
- shall 32
- pursuant 19
- online_platform 16
- provider 16
- commission 15
- compliance 15
- online_search_engine 15
- the 14
- supervisory 14
- to article 14
- management 14
- referred 11
- body 10
- acts 10
- paragraph 10
- function 10
- annual 10
- implementing 9
- in article 7
- accordance 7
- information 6
- amount 6
- system 6
- tasks 5
- this regulation 5
- overall 5
- costs 5
- sharing 5
- under 5
- head 5
- risks 5
- regulation 5
- year 4
- respect 4
- identified 4
- arrangements 4
- ensure 4
- article 4
- adopt 4
- fees 4
- online_platforms 4
- online_search_engines 4
- each 4
- charged 4
- delegated 4
- which 4
- have 4
- board 3
Article 41
Compliance function
1. Providers of very large online_platforms or of very large online_search_engines shall establish a compliance function, which is independent from their operational functions and composed of one or more compliance officers, including the head of the compliance function. That compliance function shall have sufficient authority, stature and resources, as well as access to the management body of the provider of the very large online_platform or of the very large online_search_engine to monitor the compliance of that provider with this Regulation.
2. The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that compliance officers have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 3.
The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that the head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.
The head of the compliance function shall report directly to the management body of the provider of the very large online_platform or of the very large online_search_engine, and may raise concerns and warn that body where risks referred to in Article 34 or non-compliance with this Regulation affect or may affect the provider of the very large online_platform or of the very large online_search_engine concerned, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.
The head of the compliance function shall not be removed without prior approval of the management body of the provider of the very large online_platform or of the very large online_search_engine.
3. Compliance officers shall have the following tasks:
| (a) | cooperating with the Digital_Services_Coordinator_of_establishment and the Commission for the purpose of this Regulation; |
| (b) | ensuring that all risks referred to in Article 34 are identified and properly reported on and that reasonable, proportionate and effective risk-mitigation measures are taken pursuant to Article 35; |
| (c) | organising and supervising the activities of the provider of the very large online_platform or of the very large online_search_engine relating to the independent audit pursuant to Article 37; |
| (d) | informing and advising the management and employees of the provider of the very large online_platform or of the very large online_search_engine about relevant obligations under this Regulation; |
| (e) | monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with its obligations under this Regulation; |
| (f) | where applicable, monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with commitments made under the codes of conduct pursuant to Articles 45 and 46 or the crisis protocols pursuant to Article 48. |
4. Providers of very large online_platforms or of very large online_search_engines shall communicate the name and contact details of the head of the compliance function to the Digital_Services_Coordinator_of_establishment and to the Commission.
5. The management body of the provider of the very large online_platform or of the very large online_search_engine shall define, oversee and be accountable for the implementation of the provider's governance arrangements that ensure the independence of the compliance function, including the division of responsibilities within the organisation of the provider of very large online_platform or of very large online_search_engine, the prevention of conflicts of interest, and sound management of systemic risks identified pursuant to Article 34.
6. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing, monitoring and mitigating the risks identified pursuant to Article 34 to which the very large online_platform or the very large online_search_engine is or might be exposed to.
7. The management body shall devote sufficient time to the consideration of the measures related to risk management. It shall be actively involved in the decisions related to risk management, and shall ensure that adequate resources are allocated to the management of the risks identified in accordance with Article 34.
Article 43
Supervisory fee
1. The Commission shall charge providers of very large online_platforms and of very large online_search_engines an annual supervisory fee upon their designation pursuant to Article 33.
2. The overall amount of the annual supervisory fees shall cover the estimated costs that the Commission incurs in relation to its supervisory tasks under this Regulation, in particular costs related to the designation pursuant to Article 33, to the set-up, maintenance and operation of the database pursuant to Article 24(5) and to the information sharing system pursuant to Article 85, to referrals pursuant to Article 59, to supporting the Board pursuant to Article 62 and to the supervisory tasks pursuant to Article 56 and Section 4 of Chapter IV.
3. The providers of very large online_platforms and of very large online_search_engines shall be charged annually a supervisory fee for each service for which they have been designated pursuant to Article 33.
The Commission shall adopt implementing acts establishing the amount of the annual supervisory fee in respect of each provider of very large online_platform or of very large online_search_engine. When adopting those implementing acts, the Commission shall apply the methodology laid down in the delegated act referred to in paragraph 4 of this Article and shall respect the principles set out in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
4. The Commission shall adopt delegated acts, in accordance with Article 87, laying down the detailed methodology and procedures for:
| (a) | the determination of the estimated costs referred to in paragraph 2; |
| (b) | the determination of the individual annual supervisory fees referred to in paragraph 5, points (b) and (c); |
| (c) | the determination of the maximum overall limit defined in paragraph 5, point (c); and |
| (d) | the detailed arrangements necessary to make payments. |
When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.
5. The implementing act referred to in paragraph 3 and the delegated act referred to in paragraph 4 shall respect the following principles:
| (a) | the estimation of the overall amount of the annual supervisory fee takes into account the costs incurred in the previous year; |
| (b) | the annual supervisory fee is proportionate to the number of average monthly active recipients in the Union of each very large online_platform or each very large online_search_engine designated pursuant to Article 33; |
| (c) | the overall amount of the annual supervisory fee charged on a given provider of very large online_platform or very large search engine does not, in any case, exceed 0,05 % of its worldwide annual net income in the preceding financial year. |
6. The individual annual supervisory fees charged pursuant to paragraph 1 of this Article shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (41).
7. The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the individual annual supervisory fees charged in the preceding year.
SECTION 6
Other provisions concerning due diligence obligations
Article 83
Implementing acts relating to Commission intervention
In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements for:
| (a) | the proceedings pursuant to Articles 69 and 72; |
| (b) | the hearings provided for in Article 79; |
| (c) | the negotiated disclosure of information provided for in Article 79. |
Before the adoption of any measures pursuant to the first paragraph of this Article, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the period set out therein, which shall not be less than one month. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
SECTION 5
Common provisions on enforcement
Article 85
Information sharing system
1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services Coordinators, the Commission and the Board. Other competent authorities may be granted access to this system where necessary for them to carry out the tasks conferred to them in accordance with this Regulation.
2. The Digital Services Coordinators, the Commission and the Board shall use the information sharing system for all communications pursuant to this Regulation.
3. The Commission shall adopt implementing acts laying down the practical and operational arrangements for the functioning of the information sharing system and its interoperability with other relevant systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
whereas