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. 55 Activity reports
- 1 Art. 60 Joint investigations
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
- services 14
- digital 13
- shall 11
- joint 8
- coordinators 8
- pursuant 7
- investigation 7
- digital_services_coordinator_of_establishment 7
- board 6
- position 5
- preliminary 5
- coordinator 5
- information 4
- to article 4
- infringement 4
- participating 4
- reports 3
- concerned 3
- given 3
- orders 3
- competent 3
- authorities 3
- the 3
- commission 3
- communicate 3
- intermediary_services 3
- paragraph 3
- applicable 3
- request 3
- within 3
- recommendation 3
- annual 3
- alleged 3
- account 2
- provider 2
- communicated 2
- several 2
- launch 2
- referred 2
- into 2
- three 2
- deadline 2
- after 2
- investigations 2
- from 2
- failed 2
- section 2
- article 2
- member state 2
- and 2
Article 55
Activity reports
1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received pursuant to Article 53 and an overview of their follow-up. The Digital Services Coordinators shall make the annual reports available to the public in a machine-readable format, subject to the applicable rules on the confidentiality of information pursuant to Article 84, and shall communicate them to the Commission and to the Board.
2. The annual report shall also include the following information:
| (a) | the number and subject matter of orders to act against illegal_content and orders to provide information issued in accordance with Articles 9 and 10 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned; |
| (b) | the effects given to those orders, as communicated to the Digital Services Coordinator pursuant to Articles 9 and 10. |
3. Where a Member State has designated several competent authorities pursuant to Article 49, it shall ensure that the Digital Services Coordinator draws up a single report covering the activities of all competent authorities and that the Digital Services Coordinator receives all relevant information and support needed to that effect from the other competent authorities concerned.
SECTION 2
Competences, coordinated investigation and consistency mechanisms
Article 60
Joint investigations
1. The Digital_Services_Coordinator_of_establishment may launch and lead joint investigations with the participation of one or more other Digital Services Coordinators concerned:
| (a) | at its own initiative, to investigate an alleged infringement of this Regulation by a given provider of intermediary_services in several Member States; or |
| (b) | upon recommendation of the Board, acting on the request of at least three Digital Services Coordinators alleging, based on a reasonable suspicion, an infringement by a given provider of intermediary_services affecting recipients of the service in their Member States. |
2. Any Digital Services Coordinator that proves that it has a legitimate interest in participating in a joint investigation pursuant to paragraph 1 may request to do so. The joint investigation shall be concluded within three months from its launch, unless otherwise agreed amongst the participants.
The Digital_Services_Coordinator_of_establishment shall communicate its preliminary position on the alleged infringement no later than one month after the end of the deadline referred to in the first subparagraph to all Digital Services Coordinators, the Commission and the Board. The preliminary position shall take into account the views of all other Digital Services Coordinators participating in the joint investigation. Where applicable, this preliminary position shall also set out the enforcement measures envisaged.
3. The Board may refer the matter to the Commission pursuant to Article 59, where:
| (a) | the Digital_Services_Coordinator_of_establishment failed to communicate its preliminary position within the deadline set out in paragraph 2; |
| (b) | the Board substantially disagrees with the preliminary position communicated by the Digital_Services_Coordinator_of_establishment; or |
| (c) | the Digital_Services_Coordinator_of_establishment failed to initiate the joint investigation promptly following the recommendation by the Board pursuant to paragraph 1, point (b). |
4. In carrying out the joint investigation, the participating Digital Services Coordinators shall cooperate in good faith, taking into account, where applicable, the indications of the Digital_Services_Coordinator_of_establishment and the Board’s recommendation. The Digital Services Coordinators of destination participating in the joint investigation shall be entitled, at the request of or after having consulted the Digital_Services_Coordinator_of_establishment, to exercise their investigative powers referred to in Article 51(1) in respect of the providers of intermediary_services concerned by the alleged infringement, with regard to information and premises located within their territory.
SECTION 3
European Board for Digital Services
whereas