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
- 3 Art. 58 Cross-border cooperation among Digital Services Coordinators
- 3 Art. 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines
- 1 Art. 66 Initiation of proceedings by the Commission and cooperation in investigation
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
- request 20
- digital 17
- services 17
- large 16
- very 16
- commission 15
- shall 14
- information 13
- pursuant 12
- coordinator 11
- provider 10
- regulation 9
- board 8
- infringed 7
- concerned 7
- infringement 7
- digital_services_coordinator_of_establishment 7
- paragraph 7
- sent 6
- proceedings 6
- including 6
- investigation 6
- coordinators 6
- in article 6
- powers 6
- relevant 6
- online_search_engine 6
- enforcement 5
- investigatory 5
- online_platform 5
- exercise 5
- provisions 5
- this regulation 5
- referred 5
- measures 5
- least 4
- description 4
- provided 4
- compliance 4
- take 4
- manner 4
- suspect 4
- the 4
- to article 4
- reasons 3
- considers 3
- initiative 3
- facts 3
- down 3
- laid 3
Article 58
Cross-border cooperation among Digital Services Coordinators
1. Unless the Commission has initiated an investigation for the same alleged infringement, where a Digital_Services_Coordinator_of_destination has reason to suspect that a provider of an intermediary_service has infringed this Regulation in a manner negatively affecting the recipients of the service in the Member State of that Digital Services Coordinator, it may request the Digital_Services_Coordinator_of_establishment to assess the matter and to take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
2. Unless the Commission has initiated an investigation for the same alleged infringement, and at the request of at least three Digital Services Coordinators of destination that have reason to suspect that a specific provider of intermediary_services infringed this Regulation in a manner negatively affecting recipients of the service in their Member States, the Board may request the Digital_Services_Coordinator_of_establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
3. A request pursuant to paragraph 1 or 2 shall be duly reasoned, and shall at least indicate:
(a) | the point of contact of the provider of the intermediary_services concerned as provided for in Article 11; |
(b) | a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Digital Services Coordinator that sent the request, or the Board, suspects that the provider infringed this Regulation, including the description of the negative effects of the alleged infringement; |
(c) | any other information that the Digital Services Coordinator that sent the request, or the Board, considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures. |
4. The Digital_Services_Coordinator_of_establishment shall take utmost account of the request pursuant to paragraphs 1 or 2 of this Article. Where it considers that it has insufficient information to act upon the request and has reasons to consider that the Digital Services Coordinator that sent the request, or the Board, could provide additional information, the Digital_Services_Coordinator_of_establishment may either request such information in accordance with Article 57 or, alternatively, may launch a joint investigation pursuant to Article 60(1) involving at least the requesting Digital Services Coordinator. The period laid down in paragraph 5 of this Article shall be suspended until that additional information is provided or until the invitation to participate in the joint investigation is refused.
5. The Digital_Services_Coordinator_of_establishment shall, without undue delay and in any event not later than two months following receipt of the request pursuant to paragraph 1 or 2, communicate to the Digital Services Coordinator that sent the request, and the Board, the assessment of the suspected infringement and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.
Article 65
Enforcement of obligations of providers of very large online_platforms and of very large online_search_engines
1. For the purposes of investigating compliance of providers of very large online_platforms and of very large online_search_engines with the obligations laid down in this Regulation, the Commission may exercise the investigatory powers laid down in this Section even before initiating proceedings pursuant to Article 66(2). It may exercise those powers on its own initiative or following a request pursuant to paragraph 2 of this Article.
2. Where a Digital Services Coordinator has reason to suspect that a provider of a very large online_platform or of a very large online_search_engine has infringed the provisions of Section 5 of Chapter III or has systemically infringed any of the provisions of this Regulation in a manner that seriously affects recipients of the service in its Member State, it may send, through the information sharing system referred to in Article 85, a request to the Commission to assess the matter.
3. A request pursuant to paragraph 2 shall be duly reasoned and at least indicate:
(a) | the point of contact of the provider of the very large online_platform or of the very large online_search_engine concerned as provided for in Article 11; |
(b) | a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Digital Services Coordinator that sent the request suspects that the provider of the very large online_platforms or of the very large online_search_engine concerned infringed this Regulation, including a description of the facts that show that the suspected infringement is of a systemic nature; |
(c) | any other information that the Digital Services Coordinator that sent the request considers relevant, including, where appropriate, information gathered on its own initiative. |
Article 66
Initiation of proceedings by the Commission and cooperation in investigation
1. The Commission may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 73 and 74 in respect of the relevant conduct by the provider of the very large online_platform or of the very large online_search_engine that the Commission suspect of having infringed any of the provisions of this Regulation.
2. Where the Commission decides to initiate proceedings pursuant to paragraph 1 of this Article, it shall notify all Digital Services Coordinators and the Board through the information sharing system referred to in Article 85, as well as the provider of the very large online_platform or of the very large online_search_engine concerned.
The Digital Services Coordinators shall, without undue delay after being informed of initiation of the proceedings, transmit to the Commission any information they hold about the infringement at stake.
The initiation of proceedings pursuant to paragraph 1 of this Article by the Commission shall relieve the Digital Services Coordinator, or any competent authority where applicable, of its powers to supervise and enforce provided for in this Regulation pursuant to Article 56(4).
3. In the exercise of its powers of investigation under this Regulation the Commission may request the individual or joint support of any Digital Services Coordinators concerned by the suspected infringement, including the Digital_Services_Coordinator_of_establishment. The Digital Services Coordinators that have received such a request, and, where involved by the Digital Services Coordinator, any other competent authority, shall cooperate sincerely and in a timely manner with the Commission and shall be entitled to exercise their investigative powers referred to in Article 51(1) in respect of the provider of the very large online_platform or of the very large online_search_engine at stake, with regard to information, persons and premises located within the territory of their Member State and in accordance with the request.
4. The Commission shall provide the Digital_Services_Coordinator_of_establishment and the Board with all relevant information about the exercise of the powers referred to in Articles 67 to 72 and its preliminary findings referred to in Article 79(1). The Board shall submit its views on those preliminary findings to the Commission within the period set pursuant to Article 79(2). The Commission shall take utmost account of any views of the Board in its decision.
whereas