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
- 2 Art. 3 Definitions
- 3 Art. 26 Advertising on online platforms
- 1 Art. 27 Recommender system transparency
- 1 Art. 30 Traceability of traders
- 1 Art. 35 Mitigation of risks
- 5 Art. 39 Additional online advertising transparency
- 1 Art. 62 Structure of the Board
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
- information 52
- shall 48
- service 31
- means 26
- recipients 19
- referred 18
- advertisement 18
- services 18
- online_platforms 17
- board 16
- traders 16
- including 15
- person 15
- trader 15
- provider 13
- presented 13
- online_platform 13
- recipient_of_the_service 13
- pursuant 13
- provided 12
- through 12
- which 12
- paragraph 12
- the 11
- large 11
- specific 11
- very 11
- union 11
- in article 11
- consumers 11
- natural 10
- particular 10
- from 10
- available 10
- legal 10
- allowing 10
- measures 9
- distance_contracts 9
- online_interface 9
- make 9
- such 9
- commission 9
- they 9
- conclude 9
- providers 9
- request 9
- regulation 8
- providers 8
- applicable 8
- parameters 8
Article 3
Definitions
For the purpose of this Regulation, the following definitions shall apply:
| (a) | ‘ information_society_service’ means a ‘service’ as defined in Article 1(1), point (b), of Directive (EU) 2015/1535; |
| (b) | ‘ recipient_of_the_service’ means any natural or legal person who uses an intermediary_service, in particular for the purposes of seeking information or making it accessible; |
| (c) | ‘ consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession; |
| (d) | ‘ to_offer_services_in_the_Union’ means enabling natural or legal persons in one or more Member States to use the services of a provider of intermediary_services that has a substantial_connection_to_the_Union; |
| (e) | ‘ substantial_connection_to_the_Union’ means a connection of a provider of intermediary_services with the Union resulting either from its establishment in the Union or from specific factual criteria, such as:
|
| (f) | ‘ trader’ means any natural person, or any legal person irrespective of whether it is privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession; |
| (g) | ‘ intermediary_service’ means one of the following information_society_services:
|
| (h) | ‘ illegal_content’ means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law; |
| (i) | ‘ online_platform’ means a hosting service that, at the request of a recipient_of_the_service, stores and disseminates information to the public, unless that activity is a minor and purely ancillary feature of another service or a minor functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation; |
| (j) | ‘ online_search_engine’ means an intermediary_service that allows users to input queries in order to perform searches of, in principle, all websites, or all websites in a particular language, on the basis of a query on any subject in the form of a keyword, voice request, phrase or other input, and returns results in any format in which information related to the requested content can be found; |
| (k) | ‘ dissemination_to_the_public’ means making information available, at the request of the recipient_of_the_service who provided the information, to a potentially unlimited number of third parties; |
| (l) | ‘ distance_contract’ means ‘ distance_contract’ as defined in Article 2, point (7), of Directive 2011/83/EU; |
| (m) | ‘ online_interface’ means any software, including a website or a part thereof, and applications, including mobile applications; |
| (n) | ‘ Digital_Services_Coordinator_of_establishment’ means the Digital Services Coordinator of the Member State where the main establishment of a provider of an intermediary_service is located or its legal representative resides or is established; |
| (o) | ‘ Digital_Services_Coordinator_of_destination’ means the Digital Services Coordinator of a Member State where the intermediary_service is provided; |
| (p) | ‘active recipient of an online_platform’ means a recipient_of_the_service that has engaged with an online_platform by either requesting the online_platform to host information or being exposed to information hosted by the online_platform and disseminated through its online_interface; |
| (q) | ‘active recipient of an online_search_engine’ means a recipient_of_the_service that has submitted a query to an online_search_engine and been exposed to information indexed and presented on its online_interface; |
| (r) | ‘ advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and presented by an online_platform on its online_interface against remuneration specifically for promoting that information; |
| (s) | ‘ recommender_system’ means a fully or partially automated system used by an online_platform to suggest in its online_interface specific information to recipients of the service or prioritise that information, including as a result of a search initiated by the recipient_of_the_service or otherwise determining the relative order or prominence of information displayed; |
| (t) | ‘ content_moderation’ means the activities, whether automated or not, undertaken by providers of intermediary_services, that are aimed, in particular, at detecting, identifying and addressing illegal_content or information incompatible with their terms_and_conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, and accessibility of that illegal_content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or that affect the ability of the recipients of the service to provide that information, such as the termination or suspension of a recipient’s account; |
| (u) | ‘ terms_and_conditions’ means all clauses, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary_services and the recipients of the service; |
| (v) | ‘ persons_with_disabilities’ means ‘ persons_with_disabilities’ as referred to in Article 3, point (1), of Directive (EU) 2019/882 of the European Parliament and of the Council (38); |
| (w) | ‘ commercial_communication’ means ‘ commercial_communication’ as defined in Article 2, point (f), of Directive 2000/31/EC; |
| (x) | ‘ turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Council Regulation (EC) No 139/2004 (39). |
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
Article 26
Advertising on online_platforms
1. Providers of online_platforms that present advertisements on their online_interfaces shall ensure that, for each specific advertisement presented to each individual recipient, the recipients of the service are able to identify, in a clear, concise and unambiguous manner and in real time, the following:
| (a) | that the information is an advertisement, including through prominent markings, which might follow standards pursuant to Article 44; |
| (b) | the natural or legal person on whose behalf the advertisement is presented; |
| (c) | the natural or legal person who paid for the advertisement if that person is different from the natural or legal person referred to in point (b); |
| (d) | meaningful information directly and easily accessible from the advertisement about the main parameters used to determine the recipient to whom the advertisement is presented and, where applicable, about how to change those parameters. |
2. Providers of online_platforms shall provide recipients of the service with a functionality to declare whether the content they provide is or contains commercial_communications.
When the recipient_of_the_service submits a declaration pursuant to this paragraph, the provider of online_platforms shall ensure that other recipients of the service can identify in a clear and unambiguous manner and in real time, including through prominent markings, which might follow standards pursuant to Article 44, that the content provided by the recipient_of_the_service is or contains commercial_communications, as described in that declaration.
3. Providers of online_platforms shall not present advertisements to recipients of the service based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679.
Article 27
Recommender system transparency
1. Providers of online_platforms that use recommender_systems shall set out in their terms_and_conditions, in plain and intelligible language, the main parameters used in their recommender_systems, as well as any options for the recipients of the service to modify or influence those main parameters.
2. The main parameters referred to in paragraph 1 shall explain why certain information is suggested to the recipient_of_the_service. They shall include, at least:
| (a) | the criteria which are most significant in determining the information suggested to the recipient_of_the_service; |
| (b) | the reasons for the relative importance of those parameters. |
3. Where several options are available pursuant to paragraph 1 for recommender_systems that determine the relative order of information presented to recipients of the service, providers of online_platforms shall also make available a functionality that allows the recipient_of_the_service to select and to modify at any time their preferred option. That functionality shall be directly and easily accessible from the specific section of the online_platform’s online_interface where the information is being prioritised.
Article 30
Traceability of traders
1. Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall ensure that traders can only use those online_platforms to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of their services for those purposes, they have obtained the following information, where applicable to the trader:
| (a) | the name, address, telephone number and email address of the trader; |
| (b) | a copy of the identification document of the trader or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council (40); |
| (c) | the payment account details of the trader; |
| (d) | where the trader is registered in a trade register or similar public register, the trade register in which the trader is registered and its registration number or equivalent means of identification in that register; |
| (e) | a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law. |
2. Upon receiving the information referred to in paragraph 1 and prior to allowing the trader concerned to use its services, the provider of the online_platform allowing consumers to conclude distance_contracts with traders shall, through the use of any freely accessible official online database or online_interface made available by a Member State or the Union or through requests to the trader to provide supporting documents from reliable sources, make best efforts to assess whether the information referred to in paragraph 1, points (a) to (e), is reliable and complete. For the purpose of this Regulation, traders shall be liable for the accuracy of the information provided.
As regards traders that are already using the services of providers of online_platforms allowing consumers to conclude distance_contracts with traders for the purposes referred to in paragraph 1 on 17 February 2024, the providers shall make best efforts to obtain the information listed from the traders concerned within 12 months. Where the traders concerned fail to provide the information within that period, the providers shall suspend the provision of their services to those traders until they have provided all information.
3. Where the provider of the online_platform allowing consumers to conclude distance_contracts with traders obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate, incomplete or not up-to-date, that provider shall request that the trader remedy that situation without delay or within the period set by Union and national law.
Where the trader fails to correct or complete that information, the provider of the online_platform allowing consumers to conclude distance_contracts with traders shall swiftly suspend the provision of its service to that trader in relation to the offering of products or services to consumers located in the Union until the request has been fully complied with.
4. Without prejudice to Article 4 of Regulation (EU) 2019/1150, if a provider of an online_platform allowing consumers to conclude distance_contracts with traders refuses to allow a trader to use its service pursuant to paragraph 1, or suspends the provision of its service pursuant to paragraph 3 of this Article, the trader concerned shall have the right to lodge a complaint as provided for in Articles 20 and 21 of this Regulation.
5. Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall store the information obtained pursuant to paragraphs 1 and 2 in a secure manner for a period of six months after the end of the contractual relationship with the trader concerned. They shall subsequently delete the information.
6. Without prejudice to paragraph 2 of this Article, the provider of the online_platform allowing consumers to conclude distance_contracts with traders shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 10 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
7. The provider of the online_platform allowing consumers to conclude distance_contracts with traders shall make the information referred to in paragraph 1, points (a), (d) and (e) available on its online_platform to the recipients of the service in a clear, easily accessible and comprehensible manner. That information shall be available at least on the online_platform’s online_interface where the information on the product or service is presented.
Article 35
Mitigation of risks
1. Providers of very large online_platforms and of very large online_search_engines shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 34, with particular consideration to the impacts of such measures on fundamental rights. Such measures may include, where applicable:
| (a) | adapting the design, features or functioning of their services, including their online_interfaces; |
| (b) | adapting their terms_and_conditions and their enforcement; |
| (c) | adapting content_moderation processes, including the speed and quality of processing notices related to specific types of illegal_content and, where appropriate, the expeditious removal of, or the disabling of access to, the content notified, in particular in respect of illegal hate speech or cyber violence, as well as adapting any relevant decision-making processes and dedicated resources for content_moderation; |
| (d) | testing and adapting their algorithmic systems, including their recommender_systems; |
| (e) | adapting their advertising systems and adopting targeted measures aimed at limiting or adjusting the presentation of advertisements in association with the service they provide; |
| (f) | reinforcing the internal processes, resources, testing, documentation, or supervision of any of their activities in particular as regards detection of systemic risk; |
| (g) | initiating or adjusting cooperation with trusted flaggers in accordance with Article 22 and the implementation of the decisions of out-of-court dispute settlement bodies pursuant to Article 21; |
| (h) | initiating or adjusting cooperation with other providers of online_platforms or of online_search_engines through the codes of conduct and the crisis protocols referred to in Articles 45 and 48 respectively; |
| (i) | taking awareness-raising measures and adapting their online_interface in order to give recipients of the service more information; |
| (j) | taking targeted measures to protect the rights of the child, including age verification and parental control tools, tools aimed at helping minors signal abuse or obtain support, as appropriate; |
| (k) | ensuring that an item of information, whether it constitutes a generated or manipulated image, audio or video that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful is distinguishable through prominent markings when presented on their online_interfaces, and, in addition, providing an easy to use functionality which enables recipients of the service to indicate such information. |
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year. The reports shall include the following:
| (a) | identification and assessment of the most prominent and recurrent systemic risks reported by providers of very large online_platforms and of very large online_search_engines or identified through other information sources, in particular those provided in compliance with Articles 39, 40 and 42; |
| (b) | best practices for providers of very large online_platforms and of very large online_search_engines to mitigate the systemic risks identified. |
Those reports shall present systemic risks broken down by the Member States in which they occurred and in the Union as a whole, as applicable.
3. The Commission, in cooperation with the Digital Services Coordinators, may issue guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
Article 39
Additional online advertising transparency
1. Providers of very large online_platforms or of very large online_search_engines that present advertisements on their online_interfaces shall compile and make publicly available in a specific section of their online_interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in paragraph 2, for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online_interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented, and shall make reasonable efforts to ensure that the information is accurate and complete.
2. The repository shall include at least all of the following information:
| (a) | the content of the advertisement, including the name of the product, service or brand and the subject matter of the advertisement; |
| (b) | the natural or legal person on whose behalf the advertisement is presented; |
| (c) | the natural or legal person who paid for the advertisement, if that person is different from the person referred to in point (b); |
| (d) | the period during which the advertisement was presented; |
| (e) | whether the advertisement was intended to be presented specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose including where applicable the main parameters used to exclude one or more of such particular groups; |
| (f) | the commercial_communications published on the very large online_platforms and identified pursuant to Article 26(2); |
| (g) | the total number of recipients of the service reached and, where applicable, aggregate numbers broken down by Member State for the group or groups of recipients that the advertisement specifically targeted. |
3. As regards paragraph 2, points (a), (b) and (c), where a provider of very large online_platform or of very large online_search_engine has removed or disabled access to a specific advertisement based on alleged illegality or incompatibility with its terms_and_conditions, the repository shall not include the information referred to in those points. In such case, the repository shall include, for the specific advertisement concerned, the information referred to in Article 17(3), points (a) to (e), or Article 9(2), point (a)(i), as applicable.
The Commission may, after consultation of the Board, the relevant vetted researchers referred to in Article 40 and the public, issue guidelines on the structure, organisation and functionalities of the repositories referred to in this Article.
Article 62
Structure of the Board
1. The Board shall be composed of Digital Services Coordinators who shall be represented by high-level officials. The failure by one or more Member States to designate a Digital Services Coordinator shall not prevent the Board from performing its tasks under this Regulation. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator may participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2. The Board shall be chaired by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and in line with its rules of procedure. When the Board is requested to adopt a recommendation pursuant to this Regulation, it shall immediately make the request available to other Digital Services Coordinators through the information sharing system set out in Article 85.
3. Each Member State shall have one vote. The Commission shall not have voting rights.
The Board shall adopt its acts by simple majority. When adopting a recommendation to the Commission referred to in Article 36(1), first subparagraph, the Board shall vote within 48 hours after the request of the Chair of the Board.
4. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
5. The Board may invite experts and observers to attend its meetings, and may cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.
6. The Board may consult interested parties, and shall make the results of such consultation publicly available.
7. The Board shall adopt its rules of procedure, following the consent of the Commission.
whereas