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. 72 Monitoring actions
- 1 Art. 74 Fines
- 1 Art. 76 Periodic penalty payments
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
- decision 15
- large 14
- very 14
- pursuant 13
- commission 11
- to article 10
- provider 7
- comply 7
- online_platform 7
- information 6
- online_search_engine 6
- in article 6
- concerned 6
- referred 6
- fail 5
- person 4
- fines 4
- periodic 4
- penalty 4
- actions 4
- the 3
- paragraph 3
- article 3
- exceeding % 3
- worldwide 3
- imposing 3
- turnover 3
- preceding 3
- financial 3
- year 3
- request 3
- annual 3
- measures 3
- under 3
- provide 3
- compliance 3
- implementation 3
- fails 2
- made 2
- monitoring 2
- interim 2
- ordering 2
- include 2
- negligently: 2
- intentionally 2
- binding 2
- applicable 2
- effective 2
- regulation 2
- payments 2
Article 72
Monitoring actions
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by providers of the very large online_platform and of the very large online_search_engines. The Commission may order them to provide access to, and explanations relating to, its databases and algorithms. Such actions may include, imposing an obligation on the provider of the very large online_platform or of the very large online_search_engine to retain all documents deemed to be necessary to assess the implementation of and compliance with the obligations under this Regulation.
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors, as well as experts and auditors from competent national authorities with the agreement of the authority concerned, to assist the Commission in monitoring the effective implementation and compliance with the relevant provisions of this Regulation and to provide specific expertise or knowledge to the Commission.
Article 74
Fines
1. In the decision referred to in Article 73, the Commission may impose on the provider of the very large online_platform or of the very large online_search_engine concerned fines not exceeding 6 % of its total worldwide annual turnover in the preceding financial year where it finds that the provider, intentionally or negligently:
(a) | infringes the relevant provisions of this Regulation; |
(b) | fails to comply with a decision ordering interim measures under Article 70; or |
(c) | fails to comply with a commitment made binding by a decision pursuant to Article 71. |
2. The Commission may adopt a decision imposing on the provider of the very large online_platform or of the very large online_search_engine concerned or on another natural or legal person referred to in Article 67(1) fines not exceeding 1 % of the total annual income or worldwide turnover in the preceding financial year, where they intentionally or negligently:
(a) | supply incorrect, incomplete or misleading information in response to a simple request or request by a decision pursuant to Article 67; |
(b) | fail to reply to the request for information by decision within the set period; |
(c) | fail to rectify within the period set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information; |
(d) | refuse to submit to an inspection pursuant to Article 69; |
(e) | fail to comply with the measures adopted by the Commission pursuant to Article 72; or |
(f) | fail to comply with the conditions for access to the Commission’s file pursuant to Article 79(4). |
3. Before adopting the decision pursuant to paragraph 2 of this Article, the Commission shall communicate its preliminary findings to the provider of the very large online_platform or of the very large online_search_engine concerned or to another person referred to in Article 67(1).
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
Article 76
Periodic penalty payments
1. The Commission may adopt a decision, imposing on the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1), as applicable, periodic penalty payments not exceeding 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:
(a) | supply correct and complete information in response to a decision requiring information pursuant to Article 67; |
(b) | submit to an inspection which it has ordered by decision pursuant to Article 69; |
(c) | comply with a decision ordering interim measures pursuant to Article 70(1); |
(d) | comply with commitments made legally binding by a decision pursuant to Article 71(1); |
(e) | comply with a decision pursuant to Article 73(1), including where applicable the requirements it contains relating to the action plan referred to in Article 75. |
2. Where the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that under the original decision.
whereas