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
- 2 Art. 4 ‘Mere conduit’
- 3 Art. 9 Orders to act against illegal content
- 3 Art. 10 Orders to provide information
- 1 Art. 63 Tasks of the Board
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
- order 43
- information 27
- authority 23
- shall 19
- provider 19
- issuing 15
- intermediary_services 15
- given 12
- applicable 12
- provided 12
- effect 12
- union 11
- national 11
- language 10
- services 9
- transmitted 9
- accordance 9
- about 7
- such 7
- digital 7
- transmission 7
- providers 7
- paragraph 7
- from 6
- provide 6
- without 6
- referred 6
- declared 6
- reasons 6
- very 6
- large 6
- recipient_of_the_service 6
- agreed 6
- concerned 6
- compliance 5
- judicial 5
- administrative 5
- basis 5
- article 5
- necessary 5
- relevant 5
- specific 5
- more 5
- statement 5
- the 5
- service 5
- bilaterally 4
- pursuant 4
- another 4
- which 4
Article 4
‘ Mere_conduit’
1. Where an information_society_service is provided that consists of the transmission in a communication network of information provided by a recipient_of_the_service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted or accessed, on condition that the provider:
| (a) | does not initiate the transmission; |
| (b) | does not select the receiver of the transmission; and |
| (c) | does not select or modify the information contained in the transmission. |
2. The acts of transmission and of provision of access referred to in paragraph 1 shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.
3. This Article shall not affect the possibility for a judicial or administrative authority, in accordance with a Member State’s legal system, to require the service provider to terminate or prevent an infringement.
Article 9
Orders to act against illegal_content
1. Upon the receipt of an order to act against one or more specific items of illegal_content, 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 inform the authority issuing the order, or any other authority specified in the order, of any effect given to the order without undue delay, 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:
| (a) | that order contains the following elements:
|
| (b) | the territorial scope of that order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, is limited to what is strictly necessary to achieve its objective; |
| (c) | that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and that provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph. |
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 other 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 to the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons, the possibilities for redress that exist, and a description of the territorial scope of the order, 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.
Article 10
Orders to provide information
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:
| (a) | that order contains the following elements:
|
| (b) | that order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control; |
| (c) | that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and the provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph. |
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.
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary_services
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
whereas