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. 1 Subject matter
- 1 Art. 26 Advertising on online platforms
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
- advertisement 6
- regulation 5
- online_platforms 5
- person 4
- shall 4
- recipients 4
- service 4
- including 4
- intermediary_services 4
- rules 4
- presented 3
- specific 3
- from 3
- which 3
- pursuant 3
- natural 3
- providers 3
- legal 3
- unambiguous 2
- present 2
- advertisements 2
- eu / 2
- in article 2
- ensure 2
- declaration 2
- each 2
- recipient_of_the_service 2
- recipient 2
- commercial_communications 2
- contains 2
- identify 2
- clear 2
- manner 2
- referred 2
- real 2
- time 2
- information 2
- through 2
- prominent 2
- content 2
- markings 2
- provide 2
- follow 2
- standards 2
- parameters 2
- about 2
- to article 2
- might 2
- article 2
- categories 2
Article 1
Subject matter
1. The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary_services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter, including the principle of consumer protection, are effectively protected.
2. This Regulation lays down harmonised rules on the provision of intermediary_services in the internal market. In particular, it establishes:
| (a) | a framework for the conditional exemption from liability of providers of intermediary_services; |
| (b) | rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary_services; |
| (c) | rules on the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities. |
Article 26
Advertising on online_platforms
1. Providers of online_platforms that present advertisements on their online_interfaces shall ensure that, for each specific advertisement presented to each individual recipient, the recipients of the service are able to identify, in a clear, concise and unambiguous manner and in real time, the following:
| (a) | that the information is an advertisement, including through prominent markings, which might follow standards pursuant to Article 44; |
| (b) | the natural or legal person on whose behalf the advertisement is presented; |
| (c) | the natural or legal person who paid for the advertisement if that person is different from the natural or legal person referred to in point (b); |
| (d) | meaningful information directly and easily accessible from the advertisement about the main parameters used to determine the recipient to whom the advertisement is presented and, where applicable, about how to change those parameters. |
2. Providers of online_platforms shall provide recipients of the service with a functionality to declare whether the content they provide is or contains commercial_communications.
When the recipient_of_the_service submits a declaration pursuant to this paragraph, the provider of online_platforms shall ensure that other recipients of the service can identify in a clear and unambiguous manner and in real time, including through prominent markings, which might follow standards pursuant to Article 44, that the content provided by the recipient_of_the_service is or contains commercial_communications, as described in that declaration.
3. Providers of online_platforms shall not present advertisements to recipients of the service based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679.
whereas