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. 42 Transparency reporting obligations
- 1 Art. 68 Power to take interviews and statements
- 6 Art. 69 Power to conduct inspections
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
- large 28
- very 28
- commission 23
- inspection 21
- shall 21
- provider 15
- concerned 14
- which 11
- referred 11
- information 11
- persons 10
- online_search_engine 10
- person 10
- digital 10
- services 10
- online_platform 10
- coordinator 9
- member state 9
- officials 9
- authorised 8
- such 8
- national 8
- in article 8
- accompanying 8
- conducted 8
- paragraph 7
- reports 7
- territory 7
- decision 6
- pursuant 6
- service 6
- from 6
- conduct 6
- purpose 5
- explanations 5
- authorisation 5
- provided 5
- authority 5
- online_platforms 5
- interview 5
- subject 4
- where 4
- measures 4
- records 4
- under 4
- in articles 4
- premises 4
- judicial 4
- books 4
- each 4
Article 42
Transparency reporting obligations
1. Providers of very large online_platforms or of very large online_search_engines shall publish the reports referred to in Article 15 at the latest by two months from the date of application referred to in Article 33(6), second subparagraph, and thereafter at least every six months.
2. The reports referred to in paragraph 1 of this Article published by providers of very large online_platforms shall, in addition to the information referred to in Article 15 and Article 24(1), specify:
| (a) | the human resources that the provider of very large online_platforms dedicates to content_moderation in respect of the service offered in the Union, broken down by each applicable official language of the Member States, including for compliance with the obligations set out in Articles 16 and 22, as well as for compliance with the obligations set out in Article 20; |
| (b) | the qualifications and linguistic expertise of the persons carrying out the activities referred to in point (a), as well as the training and support given to such staff; |
| (c) | the indicators of accuracy and related information referred to in Article 15(1), point (e), broken down by each official language of the Member States. |
The reports shall be published in at least one of the official languages of the Member States.
3. In addition to the information referred to in Articles 24(2), the providers of very large online_platforms or of very large online_search_engines shall include in the reports referred to in paragraph 1 of this Article the information on the average monthly recipients of the service for each Member State.
4. Providers of very large online_platforms or of very large online_search_engines shall transmit to the Digital_Services_Coordinator_of_establishment and the Commission, without undue delay upon completion, and make publicly available at the latest three months after the receipt of each audit report pursuant to Article 37(4):
| (a) | a report setting out the results of the risk assessment pursuant to Article 34; |
| (b) | the specific mitigation measures put in place pursuant to Article 35(1); |
| (c) | the audit report provided for in Article 37(4); |
| (d) | the audit implementation report provided for in Article 37(6); |
| (e) | where applicable, information about the consultations conducted by the provider in support of the risk assessments and design of the risk mitigation measures. |
5. Where a provider of very large online_platform or of very large online_search_engine considers that the publication of information pursuant to paragraph 4 might result in the disclosure of confidential information of that provider or of the recipients of the service, cause significant vulnerabilities for the security of its service, undermine public security or harm recipients, the provider may remove such information from the publicly available reports. In that case, the provider shall transmit the complete reports to the Digital_Services_Coordinator_of_establishment and the Commission, accompanied by a statement of the reasons for removing the information from the publicly available reports.
Article 68
Power to take interviews and statements
1. In order to carry out the tasks assigned to it under this Section, the Commission may interview any natural or legal person who consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, in relation to the suspected infringement. The Commission shall be entitled to record such interview by appropriate technical means.
2. If the interview referred to in paragraph 1 is conducted on other premises than those of the Commission, the Commission shall inform the Digital Services Coordinator of the Member State in the territory of which the interview takes place. If so requested by that Digital Services Coordinator, its officials may assist the officials and other accompanying persons authorised by the Commission to conduct the interview.
Article 69
Power to conduct inspections
1. In order to carry out the tasks assigned to it under this Section, the Commission may conduct all necessary inspections at the premises of the provider of the very large online_platform or of the very large online_search_engine concerned or of another person referred to in Article 67(1).
2. The officials and other accompanying persons authorised by the Commission to conduct an inspection shall be empowered to:
| (a) | enter any premises, land and means of transport of the provider of the very large online_platform or of the very large online_search_engine concerned or of the other person concerned; |
| (b) | examine the books and other records related to the provision of the service concerned, irrespective of the medium on which they are stored; |
| (c) | take or obtain in any form copies of or extracts from such books or other records; |
| (d) | require the provider of the very large online_platform or of the very large online_search_engine or the other person concerned to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices and to record or document the explanations given; |
| (e) | seal any premises used for purposes related to the trade, business, craft or profession of the provider of the very large online_platform or of the very large online_search_engine or of the other person concerned, as well as books or other records, for the period and to the extent necessary for the inspection; |
| (f) | ask any representative or member of staff of the provider of the very large online_platform or of the very large online_search_engine or the other person concerned for explanations on facts or documents relating to the subject-matter and purpose of the inspection and to record the answers; |
| (g) | address questions to any such representative or member of staff relating to the subject-matter and purpose of the inspection and to record the answers. |
3. Inspections may be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 72(2), and of Digital Services Coordinator or other competent national authorities of the Member State in the territory of which the inspection is conducted.
4. Where the production of required books or other records related to the provision of the service concerned is incomplete or where the answers to questions asked under paragraph 2 of this Article are incorrect, incomplete or misleading, the officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the penalties provided for in Articles 74 and 76. In good time before the inspection, the Commission shall inform the Digital Services Coordinator of the Member State in the territory in which the inspection is to be conducted thereof.
5. During inspections, the officials and other accompanying persons authorised by the Commission, the auditors and experts appointed by the Commission, the Digital Services Coordinator or the other competent authorities of the Member State in the territory of which the inspection is conducted may require the provider of the very large online_platform or of the very large online_search_engine or other person concerned to provide explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts, and may address questions to its key personnel.
6. The provider of the very large online_platform or of the very large online_search_engine or other natural or legal person concerned shall be required to submit to an inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, set the date on which it is to begin and indicate the penalties provided for in Articles 74 and 76 and the right to have the decision reviewed by the Court of Justice of the European Union. The Commission shall consult the Digital Services Coordinator of the Member State on territory of which the inspection is to be conducted prior to taking that decision.
7. Officials of, and other persons authorised or appointed by, the Digital Services Coordinator of the Member State on the territory of which the inspection is to be conducted shall, at the request of that Digital Services Coordinator or of the Commission, actively assist the officials and other accompanying persons authorised by the Commission in relation to the inspection. To this end, they shall have the powers listed in paragraph 2.
8. Where the officials and other accompanying persons authorised by the Commission find that the provider of the very large online_platform or of the very large online_search_engine or the other person concerned opposes an inspection ordered pursuant to this Article, the Member State in the territory of which the inspection is to be conducted shall, at the request of those officials or other accompanying persons and in accordance with the national law of the Member State, afford them necessary assistance, including, where appropriate under that national law, in the form of coercive measures taken by a competent law enforcement authority, so as to enable them to conduct the inspection.
9. If the assistance provided for in paragraph 8 requires authorisation from a national judicial authority in accordance with the national law of the Member State concerned, such authorisation shall be applied for by the Digital Services Coordinator of that Member State at the request of the officials and other accompanying persons authorised by the Commission. Such authorisation may also be applied for as a precautionary measure.
10. Where the authorisation referred to in paragraph 9 is applied for, the national judicial authority before which a case has been brought shall verify that the Commission decision ordering the inspection is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. When conducting such verification, the national judicial authority may ask the Commission, directly or through the Digital Services Coordinators of the Member State concerned, for detailed explanations, in particular those concerning the grounds on which the Commission suspects an infringement of this Regulation, concerning the seriousness of the suspected infringement and concerning the nature of the involvement of the provider of the very large online_platform or of the very large online_search_engine or of the other person concerned. However, the national judicial authority shall not call into question the necessity for the inspection nor demand information from the case file of the Commission. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice of the European Union.
whereas