keyboard_tab Digital Service Act 2022/2065 EN

1.   Upon receipt of an order to provide specific information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall, without undue delay inform the authority issuing the order, or any other authority specified in the order, of its receipt and of the effect given to the order, specifying if and when effect was given to the order.

2.   Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:

3.   The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.

4.   After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all Digital Services Coordinators through the system established in accordance with Article 85.

5.   At the latest when effect is given to the order, or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons and the possibilities for redress that exist, in accordance with paragraph 2.

6.   The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.

1.   This Section, with the exception of Article 24(3) thereof, shall not apply to providers of online_platforms that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC.

This Section, with the exception of Article 24(3) thereof, shall not apply to providers of online_platforms that previously qualified for the status of a micro or small enterprise as defined in Recommendation 2003/361/EC during the 12 months following their loss of that status pursuant to article 4(2) thereof, except when they are very large online_platforms in accordance with Article 33.

2.   By derogation from paragraph 1 of this Article, this Section shall apply to providers of online_platforms that have been designated as very large online_platforms in accordance with Article 33, irrespective of whether they qualify as micro or small enterprises.

1.   In addition to the information referred to in Article 15, providers of online_platforms shall include in the reports referred to in that Article information on the following:

2.   By 17 February 2023 and at least once every six months thereafter, providers shall publish for each online_platform or online_search_engine, in a publicly available section of their online_interface, information on the average monthly active recipients of the service in the Union, calculated as an average over the period of the past six months and in accordance with the methodology laid down in the delegated acts referred to in Article 33(3), where those delegated acts have been adopted.

3.   Providers of online_platforms or of online_search_engines shall communicate to the Digital_Services_Coordinator_of_establishment and the Commission, upon their request and without undue delay, the information referred to in paragraph 2, updated to the moment of such request. That Digital Services Coordinator or the Commission may require the provider of the online_platform or of the online_search_engine to provide additional information as regards the calculation referred to in that paragraph, including explanations and substantiation in respect of the data used. That information shall not include personal data.

4.   When the Digital_Services_Coordinator_of_establishment has reasons to consider, based the information received pursuant to paragraphs 2 and 3 of this Article, that a provider of online_platforms or of online_search_engines meets the threshold of average monthly active recipients of the service in the Union laid down in Article 33(1), it shall inform the Commission thereof.

5.   Providers of online_platforms shall, without undue delay, submit to the Commission the decisions and the statements of reasons referred to in Article 17(1) for the inclusion in a publicly accessible machine-readable database managed by the Commission. Providers of online_platforms shall ensure that the information submitted does not contain personal data.

6.   The Commission may adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

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:

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.

1.   This Section shall not apply to providers of online_platforms allowing consumers to conclude distance_contracts with traders that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC.

This Section shall not apply to providers of online_platforms allowing consumers to conclude distance_contracts with traders that previously qualified for the status of a micro or small enterprise as defined in Recommendation 2003/361/EC during the 12 months following their loss of that status pursuant to article 4(2) thereof, except when they are very large online_platforms in accordance with Article 33.

2.   By derogation from paragraph 1 of this Article, this Section shall apply to providers of online_platforms allowing consumers to conclude distance_contracts with traders that have been designated as very large online_platforms in accordance with Article 33, irrespective of whether they qualify as micro or small enterprises.

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:

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.

1.   This Section shall apply to online_platforms and online_search_engines which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online_platforms or very large online_search_engines pursuant to paragraph 4.

2.   The Commission shall adopt delegated acts in accordance with Article 87 to adjust the number of average monthly active recipients of the service in the Union referred to in paragraph 1, where the Union’s population increases or decreases at least by 5 % in relation to its population in 2020 or its population after adjustment by means of a delegated act in the year in which the latest delegated act was adopted. In such a case, it shall adjust the number so that it corresponds to 10 % of the Union’s population in the year in which it adopts the delegated act, rounded up or down to allow the number to be expressed in millions.

3.   The Commission may adopt delegated acts in accordance with Article 87, after consulting the Board, to supplement the provisions of this Regulation by laying down the methodology for calculating the number of average monthly active recipients of the service in the Union, for the purposes of paragraph 1 of this Article and Article 24(2), ensuring that the methodology takes account of market and technological developments.

4.   The Commission shall, after having consulted the Member State of establishment or after taking into account the information provided by the Digital_Services_Coordinator_of_establishment pursuant to article 24(4), adopt a decision designating as a very large online_platform or a very large online_search_engine for the purposes of this Regulation the online_platform or the online_search_engine which has a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1 of this Article. The Commission shall take its decision on the basis of data reported by the provider of the online_platform or of the online_search_engine pursuant to article 24(2), or information requested pursuant to article 24(3) or any other information available to the Commission.

The failure by the provider of the online_platform or of the online_search_engine to comply with Article 24(2) or to comply with the request by the Digital_Services_Coordinator_of_establishment or by the Commission pursuant to article 24(3) shall not prevent the Commission from designating that provider as a provider of a very large online_platform or of a very large online_search_engine pursuant to this paragraph.

Where the Commission bases its decision on other information available to the Commission pursuant to the first subparagraph of this paragraph or on the basis of additional information requested pursuant to article 24(3), the Commission shall give the provider of the online_platform or of the online_search_engine concerned 10 working days in which to submit its views on the Commission’s preliminary findings and on its intention to designate the online_platform or the online_search_engine as a very large online_platform or as a very large online_search_engine, respectively. The Commission shall take due account of the views submitted by the provider concerned.

The failure of the provider of the online_platform or of the online_search_engine concerned to submit its views pursuant to the third subparagraph shall not prevent the Commission from designating that online_platform or that online_search_engine as a very large online_platform or as a very large online_search_engine, respectively, based on other information available to it.

5.   The Commission shall terminate the designation if, during an uninterrupted period of one year, the online_platform or the online_search_engine does not have a number of average monthly active recipients of the service equal to or higher than the number referred to in paragraph 1.

6.   The Commission shall notify its decisions pursuant to paragraphs 4 and 5, without undue delay, to the provider of the online_platform or of the online_search_engine concerned, to the Board and to the Digital_Services_Coordinator_of_establishment.

The Commission shall ensure that the list of designated very large online_platforms and very large online_search_engines is published in the Official Journal of the European Union, and shall keep that list up to date. The obligations set out in this Section shall apply, or cease to apply, to the very large online_platforms and very large online_search_engines concerned from four months after the notification to the provider concerned referred to in the first subparagraph.

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:

2.   The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year. The reports shall include the following:

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.

1.   Where a crisis occurs, the Commission, acting upon a recommendation of the Board may adopt a decision, requiring one or more providers of very large online_platforms or of very large online_search_engines to take one or more of the following actions:

When identifying and applying measures pursuant to point (b) of this paragraph, the service provider or providers shall take due account of the gravity of the serious threat referred to in paragraph 2, of the urgency of the measures and of the actual or potential implications for the rights and legitimate interests of all parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Charter.

2.   For the purpose of this Article, a crisis shall be deemed to have occurred where extraordinary circumstances lead to a serious threat to public security or public health in the Union or in significant parts of it.

3.   When taking the decision referred to in paragraph 1, the Commission shall ensure that all of the following requirements are met:

4.   After adopting the decision referred to in paragraph 1, the Commission shall, without undue delay, take the following steps:

5.   The choice of specific measures to be taken pursuant to paragraph 1, point (b), and to paragraph 7, second subparagraph, shall remain with the provider or providers addressed by the Commission’s decision.

6.   The Commission may on its own initiative or at the request of the provider, engage in a dialogue with the provider to determine whether, in light of the provider’s specific circumstances, the intended or implemented measures referred to in paragraph 1, point (b), are effective and proportionate in achieving the objectives pursued. In particular, the Commission shall ensure that the measures taken by the service provider under paragraph 1, point (b), meet the requirements referred to in paragraph 3, points (a) and (c).

7.   The Commission shall monitor the application of the specific measures taken pursuant to the decision referred to in paragraph 1 of this Article on the basis of the reports referred to in point (c) of that paragraph and any other relevant information, including information it may request pursuant to article 40 or 67, taking into account the evolution of the crisis. The Commission shall report regularly to the Board on that monitoring, at least on a monthly basis.

Where the Commission considers that the intended or implemented specific measures pursuant to paragraph 1, point (b), are not effective or proportionate it may, after consulting the Board, adopt a decision requiring the provider to review the identification or application of those specific measures.

8.   Where appropriate in view of the evolution of the crisis, the Commission, acting on the Board’s recommendation, may amend the decision referred to in paragraph 1 or in paragraph 7, second subparagraph, by:

9.   The requirements of paragraphs 1 to 6 shall apply to the decision and to the amendment thereof referred to in this Article.

10.   The Commission shall take utmost account of the recommendation of the Board issued pursuant to this Article.

11.   The Commission shall report to the European Parliament and to the Council on a yearly basis following the adoption of decisions in accordance with this Article, and, in any event, three months after the end of the crisis, on the application of the specific measures taken pursuant to those decisions.

1.   Providers of very large online_platforms and of very large online_search_engines shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:

2.   Providers of very large online_platforms and of very large online_search_engines shall afford the organisations carrying out the audits pursuant to this Article the cooperation and assistance necessary to enable them to conduct those audits in an effective, efficient and timely manner, including by giving them access to all relevant data and premises and by answering oral or written questions. They shall refrain from hampering, unduly influencing or undermining the performance of the audit.

Such audits shall ensure an adequate level of confidentiality and professional secrecy in respect of the information obtained from the providers of very large online_platforms and of very large online_search_engines and third parties in the context of the audits, including after the termination of the audits. However, complying with that requirement shall not adversely affect the performance of the audits and other provisions of this Regulation, in particular those on transparency, supervision and enforcement. Where necessary for the purpose of the transparency reporting pursuant to article 42(4), the audit report and the audit implementation report referred to in paragraphs 4 and 6 of this Article shall be accompanied with versions that do not contain any information that could reasonably be considered to be confidential.

3.   Audits performed pursuant to paragraph 1 shall be performed by organisations which:

4.   Providers of very large online_platforms and of very large online_search_engines shall ensure that the organisations that perform the audits establish an audit report for each audit. That report shall be substantiated, in writing, and shall include at least the following:

5.   Where the organisation performing the audit was unable to audit certain specific elements or to express an audit opinion based on its investigations, the audit report shall include an explanation of the circumstances and the reasons why those elements could not be audited.

6.   Providers of very large online_platforms or of very large online_search_engines receiving an audit report that is not ‘positive’ shall take due account of the operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures that they have taken to address any instances of non-compliance identified.

7.   The Commission is empowered to adopt delegated acts in accordance with Article 87 to supplement this Regulation by laying down the necessary rules for the performance of the audits pursuant to this Article, in particular as regards the necessary rules on the procedural steps, auditing methodologies and reporting templates for the audits performed pursuant to this Article. Those delegated acts shall take into account any voluntary auditing standards referred to in Article 44(1), point (e).

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:

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.

1.   Providers of very large online_platforms or of very large online_search_engines shall provide the Digital_Services_Coordinator_of_establishment or the Commission, at their reasoned request and within a reasonable period specified in that request, access to data that are necessary to monitor and assess compliance with this Regulation.

2.   Digital Services Coordinators and the Commission shall use the data accessed pursuant to paragraph 1 only for the purpose of monitoring and assessing compliance with this Regulation and shall take due account of the rights and interests of the providers of very large online_platforms or of very large online_search_engines and the recipients of the service concerned, including the protection of personal data, the protection of confidential information, in particular trade secrets, and maintaining the security of their service.

3.   For the purposes of paragraph 1, providers of very large online_platforms or of very large online_search_engines shall, at the request of either the Digital Service Coordinator of establishment or of the Commission, explain the design, the logic, the functioning and the testing of their algorithmic systems, including their recommender_systems.

4.   Upon a reasoned request from the Digital_Services_Coordinator_of_establishment, providers of very large online_platforms or of very large online_search_engines shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraph 8 of this Article, for the sole purpose of conducting research that contributes to the detection, identification and understanding of systemic risks in the Union, as set out pursuant to article 34(1), and to the assessment of the adequacy, efficiency and impacts of the risk mitigation measures pursuant to article 35.

5.   Within 15 days following receipt of a request as referred to in paragraph 4, providers of very large online_platforms or of very large online_search_engines may request the Digital_Services_Coordinator_of_establishment, to amend the request, where they consider that they are unable to give access to the data requested because one of following two reasons:

6.   Requests for amendment pursuant to paragraph 5 shall contain proposals for one or more alternative means through which access may be provided to the requested data or other data which are appropriate and sufficient for the purpose of the request.

The Digital_Services_Coordinator_of_establishment shall decide on the request for amendment within 15 days and communicate to the provider of the very large online_platform or of the very large online_search_engine its decision and, where relevant, the amended request and the new period to comply with the request.

7.   Providers of very large online_platforms or of very large online_search_engines shall facilitate and provide access to data pursuant to paragraphs 1 and 4 through appropriate interfaces specified in the request, including online databases or application programming interfaces.

8.   Upon a duly substantiated application from researchers, the Digital_Services_Coordinator_of_establishment shall grant such researchers the status of ‘vetted researchers’ for the specific research referred to in the application and issue a reasoned request for data access to a provider of very large online_platform or of very large online_search_engine a pursuant to paragraph 4, where the researchers demonstrate that they meet all of the following conditions:

Upon receipt of the application pursuant to this paragraph, the Digital_Services_Coordinator_of_establishment shall inform the Commission and the Board.

9.   Researchers may also submit their application to the Digital Services Coordinator of the Member State of the research organisation to which they are affiliated. Upon receipt of the application pursuant to this paragraph the Digital Services Coordinator shall conduct an initial assessment as to whether the respective researchers meet all of the conditions set out in paragraph 8. The respective Digital Services Coordinator shall subsequently send the application, together with the supporting documents submitted by the respective researchers and the initial assessment, to the Digital_Services_Coordinator_of_establishment. The Digital_Services_Coordinator_of_establishment shall take a decision whether to award a researcher the status of ‘vetted researcher’ without undue delay.

While taking due account of the initial assessment provided, the final decision to award a researcher the status of ‘vetted researcher’ lies within the competence of Digital_Services_Coordinator_of_establishment, pursuant to paragraph 8.

10.   The Digital Services Coordinator that awarded the status of vetted researcher and issued the reasoned request for data access to the providers of very large online_platforms or of very large online_search_engines in favour of a vetted researcher shall issue a decision terminating the access if it determines, following an investigation either on its own initiative or on the basis of information received from third parties, that the vetted researcher no longer meets the conditions set out in paragraph 8, and shall inform the provider of the very large online_platform or of the very large online_search_engine concerned of the decision. Before terminating the access, the Digital Services Coordinator shall allow the vetted researcher to react to the findings of its investigation and to its intention to terminate the access.

11.   Digital Services Coordinators of establishment shall communicate to the Board the names and contact information of the natural persons or entities to which they have awarded the status of ‘vetted researcher’ in accordance with paragraph 8, as well as the purpose of the research in respect of which the application was made or, where they have terminated the access to the data in accordance with paragraph 10, communicate that information to the Board.

12.   Providers of very large online_platforms or of very large online_search_engines shall give access without undue delay to data, including, where technically possible, to real-time data, provided that the data is publicly accessible in their online_interface by researchers, including those affiliated to not for profit bodies, organisations and associations, who comply with the conditions set out in paragraph 8, points (b), (c), (d) and (e), and who use the data solely for performing research that contributes to the detection, identification and understanding of systemic risks in the Union pursuant to article 34(1).

13.   The Commission shall, after consulting the Board, adopt delegated acts supplementing this Regulation by laying down the technical conditions under which providers of very large online_platforms or of very large online_search_engines are to share data pursuant to paragraphs 1 and 4 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with researchers can take place in compliance with Regulation (EU) 2016/679, as well as relevant objective indicators, procedures and, where necessary, independent advisory mechanisms in support of sharing of data, taking into account the rights and interests of the providers of very large online_platforms or of very large online_search_engines and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.

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:

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.

1.   Providers of very large online_platforms or of very large online_search_engines shall publish the reports referred to in Article 15 at the latest by two months from the date of application referred to in Article 33(6), second subparagraph, and thereafter at least every six months.

2.   The reports referred to in paragraph 1 of this Article published by providers of very large online_platforms shall, in addition to the information referred to in Article 15 and Article 24(1), specify:

The reports shall be published in at least one of the official languages of the Member States.

3.   In addition to the information referred to in Articles 24(2), the providers of very large online_platforms or of very large online_search_engines shall include in the reports referred to in paragraph 1 of this Article the information on the average monthly recipients of the service for each Member State.

4.   Providers of very large online_platforms or of very large online_search_engines shall transmit to the Digital_Services_Coordinator_of_establishment and the Commission, without undue delay upon completion, and make publicly available at the latest three months after the receipt of each audit report pursuant to article 37(4):

5.   Where a provider of very large online_platform or of very large online_search_engine considers that the publication of information pursuant to paragraph 4 might result in the disclosure of confidential information of that provider or of the recipients of the service, cause significant vulnerabilities for the security of its service, undermine public security or harm recipients, the provider may remove such information from the publicly available reports. In that case, the provider shall transmit the complete reports to the Digital_Services_Coordinator_of_establishment and the Commission, accompanied by a statement of the reasons for removing the information from the publicly available reports.

1.   The Commission shall charge providers of very large online_platforms and of very large online_search_engines an annual supervisory fee upon their designation pursuant to article 33.

2.   The overall amount of the annual supervisory fees shall cover the estimated costs that the Commission incurs in relation to its supervisory tasks under this Regulation, in particular costs related to the designation pursuant to article 33, to the set-up, maintenance and operation of the database pursuant to article 24(5) and to the information sharing system pursuant to article 85, to referrals pursuant to article 59, to supporting the Board pursuant to article 62 and to the supervisory tasks pursuant to article 56 and Section 4 of Chapter IV.

3.   The providers of very large online_platforms and of very large online_search_engines shall be charged annually a supervisory fee for each service for which they have been designated pursuant to article 33.

The Commission shall adopt implementing acts establishing the amount of the annual supervisory fee in respect of each provider of very large online_platform or of very large online_search_engine. When adopting those implementing acts, the Commission shall apply the methodology laid down in the delegated act referred to in paragraph 4 of this Article and shall respect the principles set out in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

4.   The Commission shall adopt delegated acts, in accordance with Article 87, laying down the detailed methodology and procedures for:

When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.

5.   The implementing act referred to in paragraph 3 and the delegated act referred to in paragraph 4 shall respect the following principles:

6.   The individual annual supervisory fees charged pursuant to paragraph 1 of this Article shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (41).

7.   The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the individual annual supervisory fees charged in the preceding year.

1.   The Commission shall consult the Board, and shall support and promote the development and implementation of voluntary standards set by relevant European and international standardisation bodies, at least in respect of the following:

2.   The Commission shall support the update of the standards in the light of technological developments and the behaviour of the recipients of the services in question. The relevant information regarding the update of the standards shall be publicly available and easily accessible.

1.   The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level by providers of online_platforms and other relevant service providers, such as providers of online advertising intermediary_services, other actors involved in the programmatic advertising value chain, or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency for actors in the online advertising value chain beyond the requirements of Articles 26 and 39.

2.   The Commission shall aim to ensure that the codes of conduct pursue an effective transmission of information that fully respects the rights and interests of all parties involved, as well as a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of privacy and personal data. The Commission shall aim to ensure that the codes of conduct at least address the following:

3.   The Commission shall encourage the development of the codes of conduct by 18 February 2025 and their application by 18 August 2025.

4.   The Commission shall encourage all the actors in the online advertising value chain referred to in paragraph 1 to endorse the commitments stated in the codes of conduct, and to comply with them.

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:

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.

1.   Unless the Commission has initiated an investigation for the same alleged infringement, where a Digital_Services_Coordinator_of_destination has reason to suspect that a provider of an intermediary_service has infringed this Regulation in a manner negatively affecting the recipients of the service in the Member State of that Digital Services Coordinator, it may request the Digital_Services_Coordinator_of_establishment to assess the matter and to take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.

2.   Unless the Commission has initiated an investigation for the same alleged infringement, and at the request of at least three Digital Services Coordinators of destination that have reason to suspect that a specific provider of intermediary_services infringed this Regulation in a manner negatively affecting recipients of the service in their Member States, the Board may request the Digital_Services_Coordinator_of_establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.

3.   A request pursuant to paragraph 1 or 2 shall be duly reasoned, and shall at least indicate:

4.   The Digital_Services_Coordinator_of_establishment shall take utmost account of the request pursuant to paragraphs 1 or 2 of this Article. Where it considers that it has insufficient information to act upon the request and has reasons to consider that the Digital Services Coordinator that sent the request, or the Board, could provide additional information, the Digital_Services_Coordinator_of_establishment may either request such information in accordance with Article 57 or, alternatively, may launch a joint investigation pursuant to article 60(1) involving at least the requesting Digital Services Coordinator. The period laid down in paragraph 5 of this Article shall be suspended until that additional information is provided or until the invitation to participate in the joint investigation is refused.

5.   The Digital_Services_Coordinator_of_establishment shall, without undue delay and in any event not later than two months following receipt of the request pursuant to paragraph 1 or 2, communicate to the Digital Services Coordinator that sent the request, and the Board, the assessment of the suspected infringement and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.

1.   In the absence of a communication within the period laid down in Article 58(5), in the case of a disagreement of the Board with the assessment or the measures taken or envisaged pursuant to article 58(5) or in the cases referred to in Article 60(3), the Board may refer the matter to the Commission, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital_Services_Coordinator_of_establishment, the assessment by that Digital Services Coordinator, the reasons for the disagreement and any additional information supporting the referral.

2.   The Commission shall assess the matter within two months following the referral of the matter pursuant to paragraph 1, after having consulted the Digital_Services_Coordinator_of_establishment.

3.   Where, pursuant to paragraph 2 of this Article, the Commission considers that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to article 58(5) are insufficient to ensure effective enforcement or otherwise incompatible with this Regulation, it shall communicate its views to the Digital_Services_Coordinator_of_establishment and the Board and request the Digital_Services_Coordinator_of_establishment to review the matter.

The Digital_Services_Coordinator_of_establishment shall take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, taking utmost account of the views and request for review by the Commission. The Digital_Services_Coordinator_of_establishment shall inform the Commission, as well as the requesting Digital Services Coordinator or the Board that took action pursuant to article 58(1) or (2), about the measures taken within two months from that request for review.

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:

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:

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.

1.   Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:

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.

1.   For the purposes of investigating compliance of providers of very large online_platforms and of very large online_search_engines with the obligations laid down in this Regulation, the Commission may exercise the investigatory powers laid down in this Section even before initiating proceedings pursuant to article 66(2). It may exercise those powers on its own initiative or following a request pursuant to paragraph 2 of this Article.

2.   Where a Digital Services Coordinator has reason to suspect that a provider of a very large online_platform or of a very large online_search_engine has infringed the provisions of Section 5 of Chapter III or has systemically infringed any of the provisions of this Regulation in a manner that seriously affects recipients of the service in its Member State, it may send, through the information sharing system referred to in Article 85, a request to the Commission to assess the matter.

3.   A request pursuant to paragraph 2 shall be duly reasoned and at least indicate:

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.

1.   In order to carry out the tasks assigned to it under this Section, the Commission may conduct all necessary inspections at the premises of the provider of the very large online_platform or of the very large online_search_engine concerned or of another person referred to in Article 67(1).

2.   The officials and other accompanying persons authorised by the Commission to conduct an inspection shall be empowered to:

3.   Inspections may be carried out with the assistance of auditors or experts appointed by the Commission pursuant to article 72(2), and of Digital Services Coordinator or other competent national authorities of the Member State in the territory of which the inspection is conducted.

4.   Where the production of required books or other records related to the provision of the service concerned is incomplete or where the answers to questions asked under paragraph 2 of this Article are incorrect, incomplete or misleading, the officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the penalties provided for in Articles 74 and 76. In good time before the inspection, the Commission shall inform the Digital Services Coordinator of the Member State in the territory in which the inspection is to be conducted thereof.

5.   During inspections, the officials and other accompanying persons authorised by the Commission, the auditors and experts appointed by the Commission, the Digital Services Coordinator or the other competent authorities of the Member State in the territory of which the inspection is conducted may require the provider of the very large online_platform or of the very large online_search_engine or other person concerned to provide explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts, and may address questions to its key personnel.

6.   The provider of the very large online_platform or of the very large online_search_engine or other natural or legal person concerned shall be required to submit to an inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, set the date on which it is to begin and indicate the penalties provided for in Articles 74 and 76 and the right to have the decision reviewed by the Court of Justice of the European Union. The Commission shall consult the Digital Services Coordinator of the Member State on territory of which the inspection is to be conducted prior to taking that decision.

7.   Officials of, and other persons authorised or appointed by, the Digital Services Coordinator of the Member State on the territory of which the inspection is to be conducted shall, at the request of that Digital Services Coordinator or of the Commission, actively assist the officials and other accompanying persons authorised by the Commission in relation to the inspection. To this end, they shall have the powers listed in paragraph 2.

8.   Where the officials and other accompanying persons authorised by the Commission find that the provider of the very large online_platform or of the very large online_search_engine or the other person concerned opposes an inspection ordered pursuant to this Article, the Member State in the territory of which the inspection is to be conducted shall, at the request of those officials or other accompanying persons and in accordance with the national law of the Member State, afford them necessary assistance, including, where appropriate under that national law, in the form of coercive measures taken by a competent law enforcement authority, so as to enable them to conduct the inspection.

9.   If the assistance provided for in paragraph 8 requires authorisation from a national judicial authority in accordance with the national law of the Member State concerned, such authorisation shall be applied for by the Digital Services Coordinator of that Member State at the request of the officials and other accompanying persons authorised by the Commission. Such authorisation may also be applied for as a precautionary measure.

10.   Where the authorisation referred to in paragraph 9 is applied for, the national judicial authority before which a case has been brought shall verify that the Commission decision ordering the inspection is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. When conducting such verification, the national judicial authority may ask the Commission, directly or through the Digital Services Coordinators of the Member State concerned, for detailed explanations, in particular those concerning the grounds on which the Commission suspects an infringement of this Regulation, concerning the seriousness of the suspected infringement and concerning the nature of the involvement of the provider of the very large online_platform or of the very large online_search_engine or of the other person concerned. However, the national judicial authority shall not call into question the necessity for the inspection nor demand information from the case file of the Commission. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice of the European Union.

1.   In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to article 73(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order interim measures against the provider of the very large online_platform or of the very large online_search_engine concerned on the basis of a prima facie finding of an infringement.

2.   A decision under paragraph 1 shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.

1.   The Commission shall adopt a non-compliance decision where it finds that the provider of the very large online_platform or of the very large online_search_engine concerned does not comply with one or more of the following:

2.   Before adopting the decision pursuant to paragraph 1, 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. In the preliminary findings, the Commission shall explain the measures that it considers taking, or that it considers that the provider of the very large online_platform or of the very large online_search_engine concerned should take, in order to effectively address the preliminary findings.

3.   In the decision adopted pursuant to paragraph 1 the Commission shall order the provider of the very large online_platform or of the very large online_search_engine concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable period specified therein and to provide information on the measures that that provider intends to take to comply with the decision.

4.   The provider of the very large online_platform or of the very large online_search_engine concerned shall provide the Commission with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation.

5.   Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. The decision shall apply with immediate effect.

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:

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:

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.

1.   When adopting a decision pursuant to article 73 in relation to an infringement by a provider of a very large online_platform or of a very large online_search_engine of any of the provisions of Section 5 of Chapter III, the Commission shall make use of the enhanced supervision system laid down in this Article. When doing so, it shall take utmost account of any opinion of the Board pursuant to this Article.

2.   In the decision referred to in Article 73, the Commission shall require the provider of a very large online_platform or of a very large online_search_engine concerned to draw up and communicate, within a reasonable period specified in the decision, to the Digital Services Coordinators, the Commission and the Board an action plan setting out the necessary measures which are sufficient to terminate or remedy the infringement. Those measures shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of the other measures, and shall specify the identity of the auditors, as well as the methodology, timing and follow-up of the audit. The measures may also include, where appropriate, a commitment to participate in a relevant code of conduct, as provided for in Article 45.

3.   Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Commission. Within one month following receipt of that opinion, the Commission shall decide whether the measures set out in the action plan are sufficient to terminate or remedy the infringement, and shall set a reasonable period for its implementation. The possible commitment to adhere to relevant codes of conduct shall be taken into account in that decision. The Commission shall subsequently monitor the implementation of the action plan. To that end, the provider of a very large online_platform or of a very large online_search_engine concerned shall communicate the audit report to the Commission without undue delay after it becomes available, and shall keep the Commission up to date on steps taken to implement the action plan. The Commission may, where necessary for such monitoring, require the provider of a very large online_platform or of a very large online_search_engine concerned to provide additional information within a reasonable period set by the Commission.

The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan, and about its monitoring thereof.

4.   The Commission may take necessary measures in accordance with this Regulation, in particular Article 76(1), point (e), and Article 82(1), where:

1.   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 other person referred to in Article 67(1), as applicable, periodic penalty payments not exceeding 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:

2.   Where the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that under the original decision.

1.   The powers conferred on the Commission by 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 infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases.

3.   Any action taken by the Commission or by the Digital Services Coordinator for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. Actions which interrupt the limitation period shall include, in particular, the following:

4.   Each interruption shall start time running afresh. However, the limitation period for the imposition of fines or periodic penalty payments shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period has been suspended pursuant to paragraph 5.

5.   The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.

1.   Before adopting a decision pursuant to article 73(1), Article 74 or 76, the Commission shall give the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) the opportunity of being heard on:

2.   The provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.

3.   The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.

4.   The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online_platform or of the very large online_search_engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

5.   The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.

1.   The Commission shall publish the decisions it adopts pursuant to article 70(1), Article 71(1) and Articles 73 to 76. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed.

2.   The publication shall have regard to the rights and legitimate interests of the provider of the very large online_platform or of the very large online_search_engine concerned, any other person referred to in Article 67(1) and any third parties in the protection of their confidential information.

1.   Where all powers pursuant to this Section to bring about the cessation of an infringement of this Regulation have been exhausted, the infringement persists and causes serious harm which cannot be avoided through the exercise of other powers available under Union or national law, the Commission may request the Digital_Services_Coordinator_of_establishment of the provider of the very large online_platform or of the very large online_search_engine concerned to act pursuant to article 51(3).

Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a period that shall not be less than 14 working days, describing the measures it intends to request and identifying the intended addressee or addressees thereof.

2.   Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to the competent judicial authority referred to article 51(3). With the permission of the judicial authority in question, it may also make oral observations.

For the purpose of the preparation of its observations only, the Commission may request that judicial authority to transmit or ensure the transmission to it of any documents necessary for the assessment of the case.

3.   When a national court rules on a matter which is already the subject matter of a decision adopted by the Commission under this Regulation, that national court shall not take any decision which runs counter to that Commission decision. National courts shall also avoid taking decisions which could conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, a national court may assess whether it is necessary to stay its proceedings. This is without prejudice to article 267 TFEU.

1.   By 18 February 2027, the Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on the potential effect of this Regulation on the development and economic growth of small and medium-sized enterprises.

By 17 November 2025, the Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on:

2.   By 17 November 2027, and every five years thereafter, the Commission shall evaluate this Regulation, and report to the European Parliament, the Council and the European Economic and Social Committee.

This report shall address in particular:

3.   Where appropriate, the report referred to in paragraphs 1 and 2 shall be accompanied by a proposal for amendment of this Regulation.

4.   The Commission shall, in the report referred to in paragraph 2 of this Article, also evaluate and report on the annual reports on their activities by the Digital Services Coordinators provided to the Commission and the Board pursuant to article 55(1).

5.   For the purpose of paragraph 2, Member States and the Board shall send information on the request of the Commission.

6.   In carrying out the evaluations referred to in paragraph 2, the Commission shall take into account the positions and findings of the European Parliament, the Council, and other relevant bodies or sources, and shall pay specific attention to small and medium-sized enterprises and the position of new competitors.

7.   By 18 February 2027, the Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and of the application of Article 43, and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings and taking utmost account of the opinion of the Board, that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.