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. 45 Codes of conduct
- 1 Art. 63 Tasks of the Board
- 2 Art. 66 Initiation of proceedings by the Commission and cooperation in investigation
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
- commission 20
- very 18
- shall 18
- large 18
- board 11
- services 10
- conduct 9
- codes 8
- digital 8
- coordinators 7
- regulation 7
- relevant 7
- pursuant 7
- online_platforms 7
- online_search_engines 6
- they 5
- account 5
- measures 5
- take 5
- referred 5
- competent 5
- providers 5
- in article 5
- proceedings 5
- well 4
- concerned 4
- support 4
- performance 4
- including 4
- information 4
- opinions 4
- particular 4
- powers 4
- indicators 4
- objectives 4
- the 4
- authorities 3
- regard 3
- reporting 3
- request 3
- exercise 3
- online_search_engine 3
- and 3
- article 3
- provider 3
- online_platform 3
- respect 3
- to article 3
- union 3
- provide 3
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 63
Tasks of the Board
1. Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:
| (a) | support the coordination of joint investigations; |
| (b) | support the competent authorities in the analysis of reports and results of audits of very large online_platforms or of very large online_search_engines to be transmitted pursuant to this Regulation; |
| (c) | issue opinions, recommendations or advice to Digital Services Coordinators in accordance with this Regulation, taking into account, in particular, the freedom to provide services of the providers of intermediary_service; |
| (d) | advise the Commission on the measures referred to in Article 66 and, adopt opinions concerning very large online_platforms or very large online_search_engines in accordance with this Regulation; |
| (e) | support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in cooperation with relevant stakeholders as provided for in this Regulation, including by issuing opinions or recommendations on matters related to Article 44, as well as the identification of emerging issues, with regard to matters covered by this Regulation. |
2. Digital Services Coordinators and, where applicable, other competent authorities that do not follow the opinions, requests or recommendations addressed to them adopted by the Board shall provide the reasons for this choice, including an explanation on the investigations, actions and the measures that they have implemented, when reporting pursuant to this Regulation or when adopting their relevant decisions, as appropriate.
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online_platforms and of very large online_search_engines
Article 66
Initiation of proceedings by the Commission and cooperation in investigation
1. The Commission may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 73 and 74 in respect of the relevant conduct by the provider of the very large online_platform or of the very large online_search_engine that the Commission suspect of having infringed any of the provisions of this Regulation.
2. Where the Commission decides to initiate proceedings pursuant to paragraph 1 of this Article, it shall notify all Digital Services Coordinators and the Board through the information sharing system referred to in Article 85, as well as the provider of the very large online_platform or of the very large online_search_engine concerned.
The Digital Services Coordinators shall, without undue delay after being informed of initiation of the proceedings, transmit to the Commission any information they hold about the infringement at stake.
The initiation of proceedings pursuant to paragraph 1 of this Article by the Commission shall relieve the Digital Services Coordinator, or any competent authority where applicable, of its powers to supervise and enforce provided for in this Regulation pursuant to Article 56(4).
3. In the exercise of its powers of investigation under this Regulation the Commission may request the individual or joint support of any Digital Services Coordinators concerned by the suspected infringement, including the Digital_Services_Coordinator_of_establishment. The Digital Services Coordinators that have received such a request, and, where involved by the Digital Services Coordinator, any other competent authority, shall cooperate sincerely and in a timely manner with the Commission and shall be entitled to exercise their investigative powers referred to in Article 51(1) in respect of the provider of the very large online_platform or of the very large online_search_engine at stake, with regard to information, persons and premises located within the territory of their Member State and in accordance with the request.
4. The Commission shall provide the Digital_Services_Coordinator_of_establishment and the Board with all relevant information about the exercise of the powers referred to in Articles 67 to 72 and its preliminary findings referred to in Article 79(1). The Board shall submit its views on those preliminary findings to the Commission within the period set pursuant to Article 79(2). The Commission shall take utmost account of any views of the Board in its decision.
whereas