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. 43 Supervisory fee
- 2 Art. 52 Penalties
- 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
- shall 25
- pursuant 22
- large 20
- very 20
- to article 19
- decision 16
- annual 15
- commission 15
- supervisory 13
- referred 12
- paragraph 11
- amount 11
- provider 11
- year 9
- the 9
- information 9
- concerned 9
- preceding 8
- comply 8
- online_platform 8
- worldwide 7
- financial 7
- online_search_engine 7
- in article 7
- turnover 6
- costs 5
- fines 5
- fail 5
- income 5
- measures 5
- penalty 5
- overall 5
- acts 5
- periodic 5
- person 5
- implementing 4
- each 4
- adopt 4
- down 4
- respect 4
- delegated 4
- maximum 4
- article 4
- incomplete 4
- charged 4
- intermediary_services 4
- ensure 4
- accordance 4
- fees 4
- incorrect 4
Article 43
Supervisory fee
1. The Commission shall charge providers of very large online_platforms and of very large online_search_engines an annual supervisory fee upon their designation pursuant to Article 33.
2. The overall amount of the annual supervisory fees shall cover the estimated costs that the Commission incurs in relation to its supervisory tasks under this Regulation, in particular costs related to the designation pursuant to Article 33, to the set-up, maintenance and operation of the database pursuant to Article 24(5) and to the information sharing system pursuant to Article 85, to referrals pursuant to Article 59, to supporting the Board pursuant to Article 62 and to the supervisory tasks pursuant to Article 56 and Section 4 of Chapter IV.
3. The providers of very large online_platforms and of very large online_search_engines shall be charged annually a supervisory fee for each service for which they have been designated pursuant to Article 33.
The Commission shall adopt implementing acts establishing the amount of the annual supervisory fee in respect of each provider of very large online_platform or of very large online_search_engine. When adopting those implementing acts, the Commission shall apply the methodology laid down in the delegated act referred to in paragraph 4 of this Article and shall respect the principles set out in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
4. The Commission shall adopt delegated acts, in accordance with Article 87, laying down the detailed methodology and procedures for:
| (a) | the determination of the estimated costs referred to in paragraph 2; |
| (b) | the determination of the individual annual supervisory fees referred to in paragraph 5, points (b) and (c); |
| (c) | the determination of the maximum overall limit defined in paragraph 5, point (c); and |
| (d) | the detailed arrangements necessary to make payments. |
When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.
5. The implementing act referred to in paragraph 3 and the delegated act referred to in paragraph 4 shall respect the following principles:
| (a) | the estimation of the overall amount of the annual supervisory fee takes into account the costs incurred in the previous year; |
| (b) | the annual supervisory fee is proportionate to the number of average monthly active recipients in the Union of each very large online_platform or each very large online_search_engine designated pursuant to Article 33; |
| (c) | the overall amount of the annual supervisory fee charged on a given provider of very large online_platform or very large search engine does not, in any case, exceed 0,05 % of its worldwide annual net income in the preceding financial year. |
6. The individual annual supervisory fees charged pursuant to paragraph 1 of this Article shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (41).
7. The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the individual annual supervisory fees charged in the preceding year.
SECTION 6
Other provisions concerning due diligence obligations
Article 52
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary_services within their competence and shall take all the necessary measures to ensure that they are implemented in accordance with Article 51.
2. Penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
3. Member States shall ensure that the maximum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 6 % of the annual worldwide turnover of the provider of intermediary_services concerned in the preceding financial year. Member States shall ensure that the maximum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and failure to submit to an inspection shall be 1 % of the annual income or worldwide turnover of the provider of intermediary_services or person concerned in the preceding financial year.
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall be 5 % of the average daily worldwide turnover or income of the provider of intermediary_services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
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