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. 79 Right to be heard and access to the file
- 1 Art. 83 Implementing acts relating to Commission intervention
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
- commission 14
- shall 12
- large 6
- very 6
- concerned 5
- in article 5
- preliminary 4
- findings 4
- referred 4
- pursuant 4
- which 4
- information 4
- parties 4
- access 4
- the 4
- disclosure 3
- have 3
- implementing 3
- right 3
- acts 3
- article 3
- online_search_engine 3
- online_platform 3
- provider 3
- authorities 3
- file 3
- person 3
- period 2
- section 2
- provided 2
- decisions 2
- only 2
- paragraph 2
- terms 2
- proceedings 2
- intervention 2
- negotiated 2
- extend 2
- between 2
- and 2
- adopt 2
- less 2
- the commission 2
- heard 2
- within 2
- submit 2
- objections 2
- measures 2
- adoption 1
- advisory 1
Article 79
Right to be heard and access to the file
1. Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give 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) the opportunity of being heard on:
(a) | preliminary findings of the Commission, including any matter to which the Commission has taken objections; and |
(b) | measures that the Commission may intend to take in view of the preliminary findings referred to point (a). |
2. 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) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.
3. The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.
4. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online_platform or of the very large online_search_engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
5. The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.
Article 83
Implementing acts relating to Commission intervention
In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements for:
(a) | the proceedings pursuant to Articles 69 and 72; |
(b) | the hearings provided for in Article 79; |
(c) | the negotiated disclosure of information provided for in Article 79. |
Before the adoption of any measures pursuant to the first paragraph of this Article, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the period set out therein, which shall not be less than one month. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
SECTION 5
Common provisions on enforcement
whereas