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. 37 Independent audit
- 1 Art. 53 Right to lodge a complaint
- 4 Art. 63 Tasks of the Board
- 3 Art. 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
- 1 Art. 91 Review
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 46
- very 36
- large 36
- audit 29
- commission 20
- report 20
- regulation 15
- services 13
- measures 13
- provider 13
- pursuant 12
- audits 11
- referred 11
- board 11
- have 10
- necessary 10
- action 10
- plan 10
- implementation 9
- information 9
- online_search_engines 9
- online_search_engine 9
- online_platforms 9
- online_platform 9
- account 8
- digital 8
- opinion 8
- period 8
- appropriate 8
- article 7
- in article 7
- concerned 7
- relevant 7
- recommendations 7
- particular 6
- article 6
- paragraph 6
- provided 6
- take 6
- complaint 6
- infringement 6
- they 6
- accordance 6
- them 6
- and 6
- providers 5
- coordinators 5
- within 5
- into 5
- supervision 5
Article 37
Independent audit
1. Providers of very large online_platforms and of very large online_search_engines shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
| (a) | the obligations set out in Chapter III; |
| (b) | any commitments undertaken pursuant to the codes of conduct referred to in Articles 45 and 46 and the crisis protocols referred to in Article 48. |
2. Providers of very large online_platforms and of very large online_search_engines shall afford the organisations carrying out the audits pursuant to this Article the cooperation and assistance necessary to enable them to conduct those audits in an effective, efficient and timely manner, including by giving them access to all relevant data and premises and by answering oral or written questions. They shall refrain from hampering, unduly influencing or undermining the performance of the audit.
Such audits shall ensure an adequate level of confidentiality and professional secrecy in respect of the information obtained from the providers of very large online_platforms and of very large online_search_engines and third parties in the context of the audits, including after the termination of the audits. However, complying with that requirement shall not adversely affect the performance of the audits and other provisions of this Regulation, in particular those on transparency, supervision and enforcement. Where necessary for the purpose of the transparency reporting pursuant to Article 42(4), the audit report and the audit implementation report referred to in paragraphs 4 and 6 of this Article shall be accompanied with versions that do not contain any information that could reasonably be considered to be confidential.
3. Audits performed pursuant to paragraph 1 shall be performed by organisations which:
| (a) | are independent from, and do not have any conflicts of interest with, the provider of very large online_platforms or of very large online_search_engines concerned and any legal person connected to that provider; in particular:
|
| (b) | have proven expertise in the area of risk management, technical competence and capabilities; |
| (c) | have proven objectivity and professional ethics, based in particular on adherence to codes of practice or appropriate standards. |
4. Providers of very large online_platforms and of very large online_search_engines shall ensure that the organisations that perform the audits establish an audit report for each audit. That report shall be substantiated, in writing, and shall include at least the following:
| (a) | the name, address and the point of contact of the provider of the very large online_platform or of the very large online_search_engine subject to the audit and the period covered; |
| (b) | the name and address of the organisation or organisations performing the audit; |
| (c) | a declaration of interests; |
| (d) | a description of the specific elements audited, and the methodology applied; |
| (e) | a description and a summary of the main findings drawn from the audit; |
| (f) | a list of the third parties consulted as part of the audit; |
| (g) | an audit opinion on whether the provider of the very large online_platform or of the very large online_search_engine subject to the audit complied with the obligations and with the commitments referred to in paragraph 1, namely ‘positive’, ‘positive with comments’ or ‘negative’; |
| (h) | where the audit opinion is not ‘positive’, operational recommendations on specific measures to achieve compliance and the recommended timeframe to achieve compliance. |
5. Where the organisation performing the audit was unable to audit certain specific elements or to express an audit opinion based on its investigations, the audit report shall include an explanation of the circumstances and the reasons why those elements could not be audited.
6. Providers of very large online_platforms or of very large online_search_engines receiving an audit report that is not ‘positive’ shall take due account of the operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures that they have taken to address any instances of non-compliance identified.
7. The Commission is empowered to adopt delegated acts in accordance with Article 87 to supplement this Regulation by laying down the necessary rules for the performance of the audits pursuant to this Article, in particular as regards the necessary rules on the procedural steps, auditing methodologies and reporting templates for the audits performed pursuant to this Article. Those delegated acts shall take into account any voluntary auditing standards referred to in Article 44(1), point (e).
Article 53
Right to lodge a complaint
Recipients of the service and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against providers of intermediary_services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient_of_the_service is located or established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital_Services_Coordinator_of_establishment, accompanied, where considered appropriate, by an opinion. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Services Coordinator receiving the complaint shall transmit it to that authority. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law.
Article 63
Tasks of the Board
1. Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:
| (a) | support the coordination of joint investigations; |
| (b) | support the competent authorities in the analysis of reports and results of audits of very large online_platforms or of very large online_search_engines to be transmitted pursuant to this Regulation; |
| (c) | issue opinions, recommendations or advice to Digital Services Coordinators in accordance with this Regulation, taking into account, in particular, the freedom to provide services of the providers of intermediary_service; |
| (d) | advise the Commission on the measures referred to in Article 66 and, adopt opinions concerning very large online_platforms or very large online_search_engines in accordance with this Regulation; |
| (e) | support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in cooperation with relevant stakeholders as provided for in this Regulation, including by issuing opinions or recommendations on matters related to Article 44, as well as the identification of emerging issues, with regard to matters covered by this Regulation. |
2. Digital Services Coordinators and, where applicable, other competent authorities that do not follow the opinions, requests or recommendations addressed to them adopted by the Board shall provide the reasons for this choice, including an explanation on the investigations, actions and the measures that they have implemented, when reporting pursuant to this Regulation or when adopting their relevant decisions, as appropriate.
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online_platforms and of very large online_search_engines
Article 75
Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
1. When adopting a decision pursuant to Article 73 in relation to an infringement by a provider of a very large online_platform or of a very large online_search_engine of any of the provisions of Section 5 of Chapter III, the Commission shall make use of the enhanced supervision system laid down in this Article. When doing so, it shall take utmost account of any opinion of the Board pursuant to this Article.
2. In the decision referred to in Article 73, the Commission shall require the provider of a very large online_platform or of a very large online_search_engine concerned to draw up and communicate, within a reasonable period specified in the decision, to the Digital Services Coordinators, the Commission and the Board an action plan setting out the necessary measures which are sufficient to terminate or remedy the infringement. Those measures shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of the other measures, and shall specify the identity of the auditors, as well as the methodology, timing and follow-up of the audit. The measures may also include, where appropriate, a commitment to participate in a relevant code of conduct, as provided for in Article 45.
3. Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Commission. Within one month following receipt of that opinion, the Commission shall decide whether the measures set out in the action plan are sufficient to terminate or remedy the infringement, and shall set a reasonable period for its implementation. The possible commitment to adhere to relevant codes of conduct shall be taken into account in that decision. The Commission shall subsequently monitor the implementation of the action plan. To that end, the provider of a very large online_platform or of a very large online_search_engine concerned shall communicate the audit report to the Commission without undue delay after it becomes available, and shall keep the Commission up to date on steps taken to implement the action plan. The Commission may, where necessary for such monitoring, require the provider of a very large online_platform or of a very large online_search_engine concerned to provide additional information within a reasonable period set by the Commission.
The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan, and about its monitoring thereof.
4. The Commission may take necessary measures in accordance with this Regulation, in particular Article 76(1), point (e), and Article 82(1), where:
| (a) | the provider of the very large online_platform or of the very large online_search_engine concerned fails to provide any action plan, the audit report, the necessary updates or any additional information required, within the applicable period; |
| (b) | the Commission rejects the proposed action plan because it considers that the measures set out therein are insufficient to terminate or remedy the infringement; or |
| (c) | the Commission considers, on the basis of the audit report, any updates or additional information provided or any other relevant information available to it, that the implementation of the action plan is insufficient to terminate or remedy the infringement. |
Article 91
Review
1. By 18 February 2027, the Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on the potential effect of this Regulation on the development and economic growth of small and medium-sized enterprises.
By 17 November 2025, the Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on:
| (a) | the application of Article 33, including the scope of providers of intermediary_services covered by the obligations set out in Section 5 of Chapter III of this Regulation; |
| (b) | the way that this Regulation interacts with other legal acts, in particular the acts referred to in Article 2(3) and (4). |
2. By 17 November 2027, and every five years thereafter, the Commission shall evaluate this Regulation, and report to the European Parliament, the Council and the European Economic and Social Committee.
This report shall address in particular:
| (a) | the application of paragraph 1, second subparagraph, points (a) and (b); |
| (b) | the contribution of this Regulation to the deepening and efficient functioning of the internal market for intermediary_services, in particular as regards the cross-border provision of digital services; |
| (c) | the application of Articles 13, 16, 20, 21, 45 and 46; |
| (d) | the scope of the obligations on small and micro enterprises; |
| (e) | the effectiveness of the supervision and enforcement mechanisms; |
| (f) | the impact on the respect for the right to freedom of expression and information. |
3. Where appropriate, the report referred to in paragraphs 1 and 2 shall be accompanied by a proposal for amendment of this Regulation.
4. The Commission shall, in the report referred to in paragraph 2 of this Article, also evaluate and report on the annual reports on their activities by the Digital Services Coordinators provided to the Commission and the Board pursuant to Article 55(1).
5. For the purpose of paragraph 2, Member States and the Board shall send information on the request of the Commission.
6. In carrying out the evaluations referred to in paragraph 2, the Commission shall take into account the positions and findings of the European Parliament, the Council, and other relevant bodies or sources, and shall pay specific attention to small and medium-sized enterprises and the position of new competitors.
7. By 18 February 2027, the Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and of the application of Article 43, and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings and taking utmost account of the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.
whereas