keyboard_tab Digital Service Act 2022/2065 EN
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- 2 Art. 31 Compliance by design
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
- traders 8
- information 6
- services 5
- allowing 5
- consumers 5
- shall 5
- products 4
- compliance 4
- union 4
- online_interface 4
- distance_contracts 4
- conclude 4
- ensure 3
- online_platforms 3
- providers 3
- product 3
- applicable 3
- have 2
- whether 2
- offer 2
- address 2
- provide 2
- offered 2
- provider 2
- efforts 2
- article 2
- safety 2
- allows 2
- make 2
- trader 2
- enables 2
- organised 2
- designed 2
- such 2
- best 1
- assess 1
- rules 1
- marking 1
- provided 1
- referred 1
- paragraphs 1
- check 1
- and 1
- freely 1
- identified 1
- been 1
- database 1
- online 1
- machine-readable 1
- accessible 1
Article 31
Compliance by design
1. Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall ensure that its online_interface is designed and organised in a way that enables traders to comply with their obligations regarding pre-contractual information, compliance and product safety information under applicable Union law.
In particular, the provider concerned shall ensure that its online_interface enables traders to provide information on the name, address, telephone number and email address of the economic operator, as defined in Article 3, point (13), of Regulation (EU) 2019/1020 and other Union law.
2. Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall ensure that its online_interface is designed and organised in a way that it allows traders to provide at least the following:
| (a) | the information necessary for the clear and unambiguous identification of the products or the services promoted or offered to consumers located in the Union through the services of the providers; |
| (b) | any sign identifying the trader such as the trademark, symbol or logo; and, |
| (c) | where applicable, the information concerning the labelling and marking in compliance with rules of applicable Union law on product safety and product compliance. |
3. Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall make best efforts to assess whether such traders have provided the information referred to in paragraphs 1 and 2 prior to allowing them to offer their products or services on those platforms. After allowing the trader to offer products or services on its online_platform that allows consumers to conclude distance_contracts with traders, the provider shall make reasonable efforts to randomly check in any official, freely accessible and machine-readable online database or online_interface whether the products or services offered have been identified as illegal.
whereas