keyboard_tab Digital Service Act 2022/2065 EN
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- 2 Art. 74 Fines
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
- pursuant 7
- decision 7
- commission 6
- large 6
- very 6
- to article 5
- fail 5
- provider 4
- comply 4
- fines 4
- information 4
- in article 3
- referred 3
- online_platform 3
- online_search_engine 3
- request 3
- concerned 3
- within 2
- measures 2
- misleading 2
- incomplete 2
- incorrect 2
- another 2
- period 2
- paragraph 2
- shall 2
- fails 2
- intentionally 2
- person 2
- preceding 2
- in 2
- refuse 2
- exceeding % 2
- total 2
- worldwide 2
- annual 2
- turnover 2
- financial 2
- negligently: 2
- year 2
- access 1
- adopting 1
- before 1
- adopted 1
- file 1
- conditions 1
- commission’s 1
- article 1
- article 1
- nature 1
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.
whereas