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. 76 Periodic penalty payments
- 1 Art. 78 Limitation period for the enforcement of penalties
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
- decision 12
- pursuant 7
- penalty 6
- periodic 6
- payment 6
- shall 5
- to article 5
- large 4
- enforcement 4
- period 4
- limitation 4
- commission 4
- the 4
- very 4
- comply 3
- penalties 3
- which 3
- referred 3
- in article 3
- enforce 3
- article 2
- action 2
- fine 2
- original 2
- information 2
- amount 2
- time 2
- payments 2
- court 2
- provider 2
- online_platform 2
- online_search_engine 2
- concerned 2
- person 2
- suspended 2
- applicable 2
- taken 1
- subject 1
- and 1
- to articles 1
- start 1
- decisions 1
- power 1
- years 1
- justice 1
- european union 1
- under 1
- five 1
- allowed 1
- time 1
Article 76
Periodic penalty payments
1. 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 other person referred to in Article 67(1), as applicable, periodic penalty payments not exceeding 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:
| (a) | supply correct and complete information in response to a decision requiring information pursuant to Article 67; |
| (b) | submit to an inspection which it has ordered by decision pursuant to Article 69; |
| (c) | comply with a decision ordering interim measures pursuant to Article 70(1); |
| (d) | comply with commitments made legally binding by a decision pursuant to Article 71(1); |
| (e) | comply with a decision pursuant to Article 73(1), including where applicable the requirements it contains relating to the action plan referred to in Article 75. |
2. Where 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) has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that under the original decision.
Article 78
Limitation period for the enforcement of penalties
1. The power of the Commission to enforce decisions taken pursuant to Articles 74 and 76 shall be subject to a limitation period of five years.
2. Time shall begin to run on the day on which the decision becomes final.
3. The limitation period for the enforcement of penalties shall be interrupted:
| (a) | by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; |
| (b) | by any action of the Commission, or of a Member State acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. |
4. Each interruption shall start time running afresh.
5. The limitation period for the enforcement of penalties shall be suspended for so long as:
| (a) | time to pay is allowed; |
| (b) | enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union or to a decision of a national court. |
whereas