keyboard_tab Digital Service Act 2022/2065 EN
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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
- very 36
- large 36
- shall 35
- pursuant 19
- commission 19
- provider 17
- online_platform 16
- online_search_engine 16
- compliance 15
- management 14
- services 12
- digital 11
- the 10
- body 10
- function 10
- to article 10
- information 8
- in article 8
- referred 8
- and 7
- coordinator 6
- proceedings 6
- regulation 6
- period 6
- coordinators 6
- to articles 6
- article 6
- decision 5
- ensure 5
- concerned 5
- risks 5
- head 5
- under 5
- competent 5
- enforcement 5
- have 4
- authority 4
- which 4
- this regulation 4
- within 4
- powers 4
- including 4
- limitation 4
- identified 4
- request 4
- payment 4
- relevant 4
- digital_services_coordinator_of_establishment 4
- member state 4
- independent 3
Article 41
Compliance function
1. Providers of very large online_platforms or of very large online_search_engines shall establish a compliance function, which is independent from their operational functions and composed of one or more compliance officers, including the head of the compliance function. That compliance function shall have sufficient authority, stature and resources, as well as access to the management body of the provider of the very large online_platform or of the very large online_search_engine to monitor the compliance of that provider with this Regulation.
2. The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that compliance officers have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 3.
The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that the head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.
The head of the compliance function shall report directly to the management body of the provider of the very large online_platform or of the very large online_search_engine, and may raise concerns and warn that body where risks referred to in Article 34 or non-compliance with this Regulation affect or may affect the provider of the very large online_platform or of the very large online_search_engine concerned, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.
The head of the compliance function shall not be removed without prior approval of the management body of the provider of the very large online_platform or of the very large online_search_engine.
3. Compliance officers shall have the following tasks:
| (a) | cooperating with the Digital_Services_Coordinator_of_establishment and the Commission for the purpose of this Regulation; |
| (b) | ensuring that all risks referred to in Article 34 are identified and properly reported on and that reasonable, proportionate and effective risk-mitigation measures are taken pursuant to Article 35; |
| (c) | organising and supervising the activities of the provider of the very large online_platform or of the very large online_search_engine relating to the independent audit pursuant to Article 37; |
| (d) | informing and advising the management and employees of the provider of the very large online_platform or of the very large online_search_engine about relevant obligations under this Regulation; |
| (e) | monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with its obligations under this Regulation; |
| (f) | where applicable, monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with commitments made under the codes of conduct pursuant to articles 45 and 46 or the crisis protocols pursuant to Article 48. |
4. Providers of very large online_platforms or of very large online_search_engines shall communicate the name and contact details of the head of the compliance function to the Digital_Services_Coordinator_of_establishment and to the Commission.
5. The management body of the provider of the very large online_platform or of the very large online_search_engine shall define, oversee and be accountable for the implementation of the provider's governance arrangements that ensure the independence of the compliance function, including the division of responsibilities within the organisation of the provider of very large online_platform or of very large online_search_engine, the prevention of conflicts of interest, and sound management of systemic risks identified pursuant to Article 34.
6. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing, monitoring and mitigating the risks identified pursuant to Article 34 to which the very large online_platform or the very large online_search_engine is or might be exposed to.
7. The management body shall devote sufficient time to the consideration of the measures related to risk management. It shall be actively involved in the decisions related to risk management, and shall ensure that adequate resources are allocated to the management of the risks identified in accordance with Article 34.
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 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.
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. |
Article 83
Implementing acts relating to Commission intervention
In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements for:
| (a) | the proceedings pursuant to articles 69 and 72; |
| (b) | the hearings provided for in Article 79; |
| (c) | the negotiated disclosure of information provided for in Article 79. |
Before the adoption of any measures pursuant to the first paragraph of this Article, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the period set out therein, which shall not be less than one month. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
SECTION 5
Common provisions on enforcement
Article 89
Amendments to Directive 2000/31/EC
1. Articles 12 to 15 of Directive 2000/31/EC are deleted.
2. References to articles 12 to 15 of Directive 2000/31/EC shall be construed as references to articles 4, 5, 6 and 8 of this Regulation, respectively.
whereas