search


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

2022/2065 EN cercato: 'choice' . Output generated live by software developed by IusOnDemand srl


expand index choice:

    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
  • 3 Art. 25 Online interface design and organisation

  • 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
  • 1 Art. 36 Crisis response mechanism

  • SECTION 6
    Other provisions concerning due diligence obligations
  • 1 Art. 44 Standards

  • 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
  • 1 Art. 63 Tasks of the Board

  • SECTION 5
    Common provisions on enforcement

    SECTION 6
    Delegated and implementing acts

    CHAPTER V
    FINAL PROVISIONS


whereas choice:


definitions:


cloud tag: and the number of total unique words without stopwords is: 393

 

Article 25

Online interface design and organisation

1.   Providers of online_platforms shall not design, organise or operate their online_interfaces in a way that deceives or manipulates the recipients of their service or in a way that otherwise materially distorts or impairs the ability of the recipients of their service to make free and informed decisions.

2.   The prohibition in paragraph 1 shall not apply to practices covered by Directive 2005/29/EC or Regulation (EU) 2016/679.

3.   The Commission may issue guidelines on how paragraph 1 applies to specific practices, notably:

(a)

giving more prominence to certain choices when asking the recipient_of_the_service for a decision;

(b)

repeatedly requesting that the recipient_of_the_service make a choice where that choice has already been made, especially by presenting pop-ups that interfere with the user experience;

(c)

making the procedure for terminating a service more difficult than subscribing to it.

Article 36

Crisis response mechanism

1.   Where a crisis occurs, the Commission, acting upon a recommendation of the Board may adopt a decision, requiring one or more providers of very large online_platforms or of very large online_search_engines to take one or more of the following actions:

(a)

assess whether, and if so to what extent and how, the functioning and use of their services significantly contribute to a serious threat as referred to in paragraph 2, or are likely to do so;

(b)

identify and apply specific, effective and proportionate measures, such as any of those provided for in Article 35(1) or Article 48(2), to prevent, eliminate or limit any such contribution to the serious threat identified pursuant to point (a) of this paragraph;

(c)

report to the Commission by a certain date or at regular intervals specified in the decision, on the assessments referred to in point (a), on the precise content, implementation and qualitative and quantitative impact of the specific measures taken pursuant to point (b) and on any other issue related to those assessments or those measures, as specified in the decision.

When identifying and applying measures pursuant to point (b) of this paragraph, the service provider or providers shall take due account of the gravity of the serious threat referred to in paragraph 2, of the urgency of the measures and of the actual or potential implications for the rights and legitimate interests of all parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Charter.

2.   For the purpose of this Article, a crisis shall be deemed to have occurred where extraordinary circumstances lead to a serious threat to public security or public health in the Union or in significant parts of it.

3.   When taking the decision referred to in paragraph 1, the Commission shall ensure that all of the following requirements are met:

(a)

the actions required by the decision are strictly necessary, justified and proportionate, having regard in particular to the gravity of the serious threat referred to in paragraph 2, the urgency of the measures and the actual or potential implications for the rights and legitimate interests of all parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Charter;

(b)

the decision specifies a reasonable period within which specific measures referred to in paragraph 1, point (b), are to be taken, having regard, in particular, to the urgency of those measures and the time needed to prepare and implement them;

(c)

the actions required by the decision are limited to a period not exceeding three months.

4.   After adopting the decision referred to in paragraph 1, the Commission shall, without undue delay, take the following steps:

(a)

notify the decision to the provider or providers to which the decision is addressed;

(b)

make the decision publicly available; and

(c)

inform the Board of the decision, invite it to submit its views thereon, and keep it informed of any subsequent developments relating to the decision.

5.   The choice of specific measures to be taken pursuant to paragraph 1, point (b), and to paragraph 7, second subparagraph, shall remain with the provider or providers addressed by the Commission’s decision.

6.   The Commission may on its own initiative or at the request of the provider, engage in a dialogue with the provider to determine whether, in light of the provider’s specific circumstances, the intended or implemented measures referred to in paragraph 1, point (b), are effective and proportionate in achieving the objectives pursued. In particular, the Commission shall ensure that the measures taken by the service provider under paragraph 1, point (b), meet the requirements referred to in paragraph 3, points (a) and (c).

7.   The Commission shall monitor the application of the specific measures taken pursuant to the decision referred to in paragraph 1 of this Article on the basis of the reports referred to in point (c) of that paragraph and any other relevant information, including information it may request pursuant to Article 40 or 67, taking into account the evolution of the crisis. The Commission shall report regularly to the Board on that monitoring, at least on a monthly basis.

Where the Commission considers that the intended or implemented specific measures pursuant to paragraph 1, point (b), are not effective or proportionate it may, after consulting the Board, adopt a decision requiring the provider to review the identification or application of those specific measures.

8.   Where appropriate in view of the evolution of the crisis, the Commission, acting on the Board’s recommendation, may amend the decision referred to in paragraph 1 or in paragraph 7, second subparagraph, by:

(a)

revoking the decision and, where appropriate, requiring the very large online_platform or very large online_search_engine to cease to apply the measures identified and implemented pursuant to paragraph 1, point (b), or paragraph 7, second subparagraph, in particular where the grounds for such measures do not exist anymore;

(b)

extending the period referred to paragraph 3, point (c), by a period of no more than three months;

(c)

taking account of experience gained in applying the measures, in particular the possible failure of the measures to respect the fundamental rights enshrined in the Charter.

9.   The requirements of paragraphs 1 to 6 shall apply to the decision and to the amendment thereof referred to in this Article.

10.   The Commission shall take utmost account of the recommendation of the Board issued pursuant to this Article.

11.   The Commission shall report to the European Parliament and to the Council on a yearly basis following the adoption of decisions in accordance with this Article, and, in any event, three months after the end of the crisis, on the application of the specific measures taken pursuant to those decisions.

Article 44

Standards

1.   The Commission shall consult the Board, and shall support and promote the development and implementation of voluntary standards set by relevant European and international standardisation bodies, at least in respect of the following:

(a)

electronic submission of notices under Article 16;

(b)

templates, design and process standards for communicating with the recipients of the service in a user-friendly manner on restrictions resulting from terms_and_conditions and changes thereto;

(c)

electronic submission of notices by trusted flaggers under Article 22, including through application programming interfaces;

(d)

specific interfaces, including application programming interfaces, to facilitate compliance with the obligations set out in Articles 39 and 40;

(e)

auditing of very large online_platforms and of very large online_search_engines pursuant to Article 37;

(f)

interoperability of the advertisement repositories referred to in Article 39(2);

(g)

transmission of data between advertising intermediaries in support of transparency obligations pursuant to Article 26(1), points (b), (c) and (d);

(h)

technical measures to enable compliance with obligations relating to advertising contained in this Regulation, including the obligations regarding prominent markings for advertisements and commercial_communications referred to in Article 26;

(i)

choice interfaces and presentation of information on the main parameters of different types of recommender_systems, in accordance with Articles 27 and 38;

(j)

standards for targeted measures to protect minors online.

2.   The Commission shall support the update of the standards in the light of technological developments and the behaviour of the recipients of the services in question. The relevant information regarding the update of the standards shall be publicly available and easily accessible.

Article 63

Tasks of the Board

1.   Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:

(a)

support the coordination of joint investigations;

(b)

support the competent authorities in the analysis of reports and results of audits of very large online_platforms or of very large online_search_engines to be transmitted pursuant to this Regulation;

(c)

issue opinions, recommendations or advice to Digital Services Coordinators in accordance with this Regulation, taking into account, in particular, the freedom to provide services of the providers of intermediary_service;

(d)

advise the Commission on the measures referred to in Article 66 and, adopt opinions concerning very large online_platforms or very large online_search_engines in accordance with this Regulation;

(e)

support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in cooperation with relevant stakeholders as provided for in this Regulation, including by issuing opinions or recommendations on matters related to Article 44, as well as the identification of emerging issues, with regard to matters covered by this Regulation.

2.   Digital Services Coordinators and, where applicable, other competent authorities that do not follow the opinions, requests or recommendations addressed to them adopted by the Board shall provide the reasons for this choice, including an explanation on the investigations, actions and the measures that they have implemented, when reporting pursuant to this Regulation or when adopting their relevant decisions, as appropriate.

SECTION 4

Supervision, investigation, enforcement and monitoring in respect of providers of very large online_platforms and of very large online_search_engines


whereas









keyboard_arrow_down