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. 27 Recommender system transparency
- 1 Art. 45 Codes of conduct
- 1 Art. 55 Activity reports
- 1 Art. 60 Joint investigations
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 24
- services 15
- digital 14
- board 12
- commission 11
- coordinators 9
- joint 8
- information 8
- pursuant 8
- codes 8
- conduct 8
- digital_services_coordinator_of_establishment 7
- investigation 7
- very 6
- large 6
- online_platforms 6
- the 6
- providers 5
- concerned 5
- coordinator 5
- also 5
- preliminary 5
- take 5
- position 5
- account 5
- intermediary_services 4
- relevant 4
- several 4
- article 4
- paragraph 4
- within 4
- participating 4
- into 4
- competent 4
- and 4
- authorities 4
- parameters 4
- measures 4
- specific 4
- to article 4
- they 4
- performance 4
- indicators 4
- infringement 4
- communicate 3
- orders 3
- annual 3
- union 3
- reports 3
- given 3
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 45
Codes of conduct
1. The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal_content and systemic risks, in accordance with Union law in particular on competition and the protection of personal data.
2. Where significant systemic risk within the meaning of Article 34(1) emerge and concern several very large online_platforms or very large online_search_engines, the Commission may invite the providers of very large online_platforms concerned or the providers of very large online_search_engines concerned, and other providers of very large online_platforms, of very large online_search_engines, of online_platforms and of other intermediary_services, as appropriate, as well as relevant competent authorities, civil society organisations and other relevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
3. When giving effect to paragraphs 1 and 2, the Commission and the Board, and where relevant other bodies, shall aim to ensure that the codes of conduct clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, and in particular citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Services Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments shall take into account differences in size and capacity between different participants.
4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives, having regard to the key performance indicators that they might contain. They shall publish their conclusions.
The Commission and the Board shall also encourage and facilitate regular review and adaptation of the codes of conduct.
In the case of systematic failure to comply with the codes of conduct, the Commission and the Board may invite the signatories to the codes of conduct to take the necessary action.
Article 55
Activity reports
1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received pursuant to Article 53 and an overview of their follow-up. The Digital Services Coordinators shall make the annual reports available to the public in a machine-readable format, subject to the applicable rules on the confidentiality of information pursuant to Article 84, and shall communicate them to the Commission and to the Board.
2. The annual report shall also include the following information:
(a) | the number and subject matter of orders to act against illegal_content and orders to provide information issued in accordance with Articles 9 and 10 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned; |
(b) | the effects given to those orders, as communicated to the Digital Services Coordinator pursuant to Articles 9 and 10. |
3. Where a Member State has designated several competent authorities pursuant to Article 49, it shall ensure that the Digital Services Coordinator draws up a single report covering the activities of all competent authorities and that the Digital Services Coordinator receives all relevant information and support needed to that effect from the other competent authorities concerned.
SECTION 2
Competences, coordinated investigation and consistency mechanisms
Article 60
Joint investigations
1. The Digital_Services_Coordinator_of_establishment may launch and lead joint investigations with the participation of one or more other Digital Services Coordinators concerned:
(a) | at its own initiative, to investigate an alleged infringement of this Regulation by a given provider of intermediary_services in several Member States; or |
(b) | upon recommendation of the Board, acting on the request of at least three Digital Services Coordinators alleging, based on a reasonable suspicion, an infringement by a given provider of intermediary_services affecting recipients of the service in their Member States. |
2. Any Digital Services Coordinator that proves that it has a legitimate interest in participating in a joint investigation pursuant to paragraph 1 may request to do so. The joint investigation shall be concluded within three months from its launch, unless otherwise agreed amongst the participants.
The Digital_Services_Coordinator_of_establishment shall communicate its preliminary position on the alleged infringement no later than one month after the end of the deadline referred to in the first subparagraph to all Digital Services Coordinators, the Commission and the Board. The preliminary position shall take into account the views of all other Digital Services Coordinators participating in the joint investigation. Where applicable, this preliminary position shall also set out the enforcement measures envisaged.
3. The Board may refer the matter to the Commission pursuant to Article 59, where:
(a) | the Digital_Services_Coordinator_of_establishment failed to communicate its preliminary position within the deadline set out in paragraph 2; |
(b) | the Board substantially disagrees with the preliminary position communicated by the Digital_Services_Coordinator_of_establishment; or |
(c) | the Digital_Services_Coordinator_of_establishment failed to initiate the joint investigation promptly following the recommendation by the Board pursuant to paragraph 1, point (b). |
4. In carrying out the joint investigation, the participating Digital Services Coordinators shall cooperate in good faith, taking into account, where applicable, the indications of the Digital_Services_Coordinator_of_establishment and the Board’s recommendation. The Digital Services Coordinators of destination participating in the joint investigation shall be entitled, at the request of or after having consulted the Digital_Services_Coordinator_of_establishment, to exercise their investigative powers referred to in Article 51(1) in respect of the providers of intermediary_services concerned by the alleged infringement, with regard to information and premises located within their territory.
SECTION 3
European Board for Digital Services
whereas