keyboard_tab Digital Service Act 2022/2065 EN
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- 1 Art. 33 Very large online platforms and very large online search engines
- 1 Art. 36 Crisis response mechanism
- 1 Art. 44 Standards
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
- shall 29
- commission 27
- measures 23
- paragraph 23
- very 22
- pursuant 22
- large 22
- decision 22
- referred 20
- provider 16
- online_search_engine 14
- online_platform 14
- the 13
- specific 10
- information 9
- number 9
- service 8
- point b 8
- to article 8
- board 8
- which 8
- account 7
- online_search_engines 7
- online_platforms 7
- after 7
- recipients 7
- concerned 7
- including 6
- standards 6
- taken 6
- take 6
- apply 6
- monthly 6
- subparagraph 6
- crisis 6
- threat 5
- serious 5
- period 5
- failure 5
- obligations 5
- paragraph 5
- article 5
- available 5
- rights 5
- average 5
- active 5
- particular 5
- delegated 5
- basis 5
- adopt 5
Article 33
Very large online_platforms and very large online_search_engines
1. This Section shall apply to online_platforms and online_search_engines which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online_platforms or very large online_search_engines pursuant to paragraph 4.
2. The Commission shall adopt delegated acts in accordance with Article 87 to adjust the number of average monthly active recipients of the service in the Union referred to in paragraph 1, where the Union’s population increases or decreases at least by 5 % in relation to its population in 2020 or its population after adjustment by means of a delegated act in the year in which the latest delegated act was adopted. In such a case, it shall adjust the number so that it corresponds to 10 % of the Union’s population in the year in which it adopts the delegated act, rounded up or down to allow the number to be expressed in millions.
3. The Commission may adopt delegated acts in accordance with Article 87, after consulting the Board, to supplement the provisions of this Regulation by laying down the methodology for calculating the number of average monthly active recipients of the service in the Union, for the purposes of paragraph 1 of this Article and Article 24(2), ensuring that the methodology takes account of market and technological developments.
4. The Commission shall, after having consulted the Member State of establishment or after taking into account the information provided by the Digital_Services_Coordinator_of_establishment pursuant to Article 24(4), adopt a decision designating as a very large online_platform or a very large online_search_engine for the purposes of this Regulation the online_platform or the online_search_engine which has a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1 of this Article. The Commission shall take its decision on the basis of data reported by the provider of the online_platform or of the online_search_engine pursuant to Article 24(2), or information requested pursuant to Article 24(3) or any other information available to the Commission.
The failure by the provider of the online_platform or of the online_search_engine to comply with Article 24(2) or to comply with the request by the Digital_Services_Coordinator_of_establishment or by the Commission pursuant to Article 24(3) shall not prevent the Commission from designating that provider as a provider of a very large online_platform or of a very large online_search_engine pursuant to this paragraph.
Where the Commission bases its decision on other information available to the Commission pursuant to the first subparagraph of this paragraph or on the basis of additional information requested pursuant to Article 24(3), the Commission shall give the provider of the online_platform or of the online_search_engine concerned 10 working days in which to submit its views on the Commission’s preliminary findings and on its intention to designate the online_platform or the online_search_engine as a very large online_platform or as a very large online_search_engine, respectively. The Commission shall take due account of the views submitted by the provider concerned.
The failure of the provider of the online_platform or of the online_search_engine concerned to submit its views pursuant to the third subparagraph shall not prevent the Commission from designating that online_platform or that online_search_engine as a very large online_platform or as a very large online_search_engine, respectively, based on other information available to it.
5. The Commission shall terminate the designation if, during an uninterrupted period of one year, the online_platform or the online_search_engine does not have a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1.
6. The Commission shall notify its decisions pursuant to paragraphs 4 and 5, without undue delay, to the provider of the online_platform or of the online_search_engine concerned, to the Board and to the Digital_Services_Coordinator_of_establishment.
The Commission shall ensure that the list of designated very large online_platforms and very large online_search_engines is published in the Official Journal of the European Union, and shall keep that list up to date. The obligations set out in this Section shall apply, or cease to apply, to the very large online_platforms and very large online_search_engines concerned from four months after the notification to the provider concerned referred to in the first subparagraph.
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.
whereas