keyboard_tab Digital Service Act 2022/2065 EN

1.   Digital Services Coordinators and the Commission shall cooperate closely and provide each other with mutual assistance in order to apply this Regulation in a consistent and efficient manner. Mutual assistance shall include, in particular, exchange of information in accordance with this Article and the duty of the Digital_Services_Coordinator_of_establishment to inform all Digital Services Coordinators of destination, the Board and the Commission about the opening of an investigation and the intention to take a final decision, including its assessment, in respect of a specific provider of intermediary_services.

2.   For the purpose of an investigation, the Digital_Services_Coordinator_of_establishment may request other Digital Services Coordinators to provide specific information in their possession as regards a specific provider of intermediary_services or to exercise their investigative powers referred to in Article 51(1) with regard to specific information located in their Member State. Where appropriate, the Digital Services Coordinator receiving the request may involve other competent authorities or other public authorities of the Member State in question.

3.   The Digital Services Coordinator receiving the request pursuant to paragraph 2 shall comply with such request and inform the Digital_Services_Coordinator_of_establishment about the action taken, without undue delay and no later than two months after its receipt, unless:

(a)	the scope or the subject matter of the request is not sufficiently specified, justified or proportionate in view of the investigative purposes; or

(b)	neither the requested Digital Service Coordinator nor other competent authority or other public authority of that Member State is in possession of the requested information nor can have access to it; or

(c)	the request cannot be complied with without infringing Union or national law.

The Digital Services Coordinator receiving the request shall justify its refusal by submitting a reasoned reply, within the period set out in the first subparagraph.

1.   In the decision referred to in Article 73, the Commission may impose on the provider of the very large online_platform or of the very large online_search_engine concerned fines not exceeding 6 % of its total worldwide annual turnover in the preceding financial year where it finds that the provider, intentionally or negligently:

(a)	infringes the relevant provisions of this Regulation;

(b)	fails to comply with a decision ordering interim measures under Article 70; or

(c)	fails to comply with a commitment made binding by a decision pursuant to Article 71.

2.   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 on another natural or legal person referred to in Article 67(1) fines not exceeding 1 % of the total annual income or worldwide turnover in the preceding financial year, where they intentionally or negligently:

(a)	supply incorrect, incomplete or misleading information in response to a simple request or request by a decision pursuant to Article 67;

(b)	fail to reply to the request for information by decision within the set period;

(c)	fail to rectify within the period set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;

(d)	refuse to submit to an inspection pursuant to Article 69;

(e)	fail to comply with the measures adopted by the Commission pursuant to Article 72; or

(f)	fail to comply with the conditions for access to the Commission’s file pursuant to Article 79(4).

3.   Before adopting the decision pursuant to paragraph 2 of this Article, the Commission shall communicate its preliminary findings to the provider of the very large online_platform or of the very large online_search_engine concerned or to another person referred to in Article 67(1).

4.   In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.