keyboard_tab Digital Service Act 2022/2065 EN

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:

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.

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.   Providers of intermediary_services shall designate a single point of contact to enable them to communicate directly, by electronic means, with Member States’ authorities, the Commission and the Board referred to in Article 61 for the application of this Regulation.

2.   Providers of intermediary_services shall make public the information necessary to easily identify and communicate with their single points of contact. That information shall be easily accessible, and shall be kept up to date.

3.   Providers of intermediary_services shall specify in the information referred to in paragraph 2 the official language or languages of the Member States which, in addition to a language broadly understood by the largest possible number of union citizens, can be used to communicate with their points of contact, and which shall include at least one of the official languages of the Member State in which the provider of intermediary_services has its main establishment or where its legal representative resides or is established.

1.   Providers of intermediary_services which do not have an establishment in the union but which offer services in the union shall designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.

2.   Providers of intermediary_services shall mandate their legal representatives for the purpose of being addressed in addition to or instead of such providers, by the Member States’ competent authorities, the Commission and the Board, on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary_services shall provide their legal representative with necessary powers and sufficient resources to guarantee their efficient and timely cooperation with the Member States’ competent authorities, the Commission and the Board, and to comply with such decisions.

3.   It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the provider of intermediary_services.

4.   Providers of intermediary_services shall notify the name, postal address, email address and telephone number of their legal representative to the Digital Services Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.

5.   The designation of a legal representative within the union pursuant to paragraph 1 shall not constitute an establishment in the union.

1.   Recipients of the service, including individuals or entities that have submitted notices, addressed by the decisions referred to in Article 20(1) shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 3 of this Article in order to resolve disputes relating to those decisions, including complaints that have not been resolved by means of the internal complaint-handling system referred to in that Article.

Providers of online_platforms shall ensure that information about the possibility for recipients of the service to have access to an out-of-court dispute settlement, as referred to in the first subparagraph, is easily accessible on their online_interface, clear and user-friendly.

The first subparagraph is without prejudice to the right of the recipient_of_the_service concerned to initiate, at any stage, proceedings to contest those decisions by the providers of online_platforms before a court in accordance with the applicable law.

2.   Both parties shall engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute.

Providers of online_platforms may refuse to engage with such out-of-court dispute settlement body if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content.

The certified out-of-court dispute settlement body shall not have the power to impose a binding settlement of the dispute on the parties.

3.   The Digital Services Coordinator of the Member State where the out-of-court dispute settlement body is established shall, for a maximum period of five years, which may be renewed, certify the body, at its request, where the body has demonstrated that it meets all of the following conditions:

The Digital Services Coordinator shall, where applicable, specify in the certificate:

4.   Certified out-of-court dispute settlement bodies shall report to the Digital Services Coordinator that certified them, on an annual basis, on their functioning, specifying at least the number of disputes they received, the information about the outcomes of those disputes, the average time taken to resolve them and any shortcomings or difficulties encountered. They shall provide additional information at the request of that Digital Services Coordinator.

Digital Services Coordinators shall, every two years, draw up a report on the functioning of the out-of-court dispute settlement bodies that they certified. That report shall in particular:

Certified out-of-court dispute settlement bodies shall make their decisions available to the parties within a reasonable period of time and no later than 90 calendar days after the receipt of the complaint. In the case of highly complex disputes, the certified out-of-court dispute settlement body may, at its own discretion, extend the 90 calendar day period for an additional period that shall not exceed 90 days, resulting in a maximum total duration of 180 days.

5.   If the out-of-court dispute settlement body decides the dispute in favour of the recipient_of_the_service, including the individual or entity that has submitted a notice, the provider of the online_platform shall bear all the fees charged by the out-of-court dispute settlement body, and shall reimburse that recipient, including the individual or entity, for any other reasonable expenses that it has paid in relation to the dispute settlement. If the out-of-court dispute settlement body decides the dispute in favour of the provider of the online_platform, the recipient_of_the_service, including the individual or entity, shall not be required to reimburse any fees or other expenses that the provider of the online_platform paid or is to pay in relation to the dispute settlement, unless the out-of-court dispute settlement body finds that that recipient manifestly acted in bad faith.

The fees charged by the out-of-court dispute settlement body to the providers of online_platforms for the dispute settlement shall be reasonable and shall in any event not exceed the costs incurred by the body. For recipients of the service, the dispute settlement shall be available free of charge or at a nominal fee.

Certified out-of-court dispute settlement bodies shall make the fees, or the mechanisms used to determine the fees, known to the recipient_of_the_service, including to the individuals or entities that have submitted a notice, and to the provider of the online_platform concerned, before engaging in the dispute settlement.

6.   Member States may establish out-of-court dispute settlement bodies for the purposes of paragraph 1 or support the activities of some or all out-of-court dispute settlement bodies that they have certified in accordance with paragraph 3.

Member States shall ensure that any of their activities undertaken under the first subparagraph do not affect the ability of their Digital Services Coordinators to certify the bodies concerned in accordance with paragraph 3.

7.   A Digital Services Coordinator that has certified an out-of-court dispute settlement body shall revoke that certification if it determines, following an investigation either on its own initiative or on the basis of the information received by third parties, that the out-of-court dispute settlement body no longer meets the conditions set out in paragraph 3. Before revoking that certification, the Digital Services Coordinator shall afford that body an opportunity to react to the findings of its investigation and its intention to revoke the out-of-court dispute settlement body’s certification.

8.   Digital Services Coordinators shall notify to the Commission the out-of-court dispute settlement bodies that they have certified in accordance with paragraph 3, including where applicable the specifications referred to in the second subparagraph of that paragraph, as well as the out-of-court dispute settlement bodies the certification of which they have revoked. The Commission shall publish a list of those bodies, including those specifications, on a dedicated website that is easily accessible, and keep it up to date.

9.   This Article is without prejudice to Directive 2013/11/EU and alternative dispute resolution procedures and entities for consumers established under that Directive.

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 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.   Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall ensure that its online_interface is designed and organised in a way that enables traders to comply with their obligations regarding pre-contractual information, compliance and product safety information under applicable union law.

In particular, the provider concerned shall ensure that its online_interface enables traders to provide information on the name, address, telephone number and email address of the economic operator, as defined in Article 3, point (13), of Regulation (EU) 2019/1020 and other union law.

2.   Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall ensure that its online_interface is designed and organised in a way that it allows traders to provide at least the following:

3.   Providers of online_platforms allowing consumers to conclude distance_contracts with traders shall make best efforts to assess whether such traders have provided the information referred to in paragraphs 1 and 2 prior to allowing them to offer their products or services on those platforms. After allowing the trader to offer products or services on its online_platform that allows consumers to conclude distance_contracts with traders, the provider shall make reasonable efforts to randomly check in any official, freely accessible and machine-readable online database or online_interface whether the products or services offered have been identified as illegal.

1.   Where a provider of an online_platform allowing consumers to conclude distance_contracts with traders becomes aware, irrespective of the means used, that an illegal product or service has been offered by a trader to consumers located in the union through its services, that provider shall inform, insofar as it has their contact details, consumers who purchased the illegal product or service through its services of the following:

The obligation laid down in the first subparagraph shall be limited to purchases of illegal products or services made within the six months preceding the moment that the provider became aware of the illegality.

2.   Where, in the situation referred to in paragraph 1, the provider of the online_platform allowing consumers to conclude distance_contracts with traders does not have the contact details of all consumers concerned, that provider shall make publicly available and easily accessible on its online_interface the information concerning the illegal product or service, the identity of the trader and any relevant means of redress.

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 diligently identify, analyse and assess any systemic risks in the union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

2.   When conducting risk assessments, providers of very large online_platforms and of very large online_search_engines shall take into account, in particular, whether and how the following factors influence any of the systemic risks referred to in paragraph 1:

The assessments shall also analyse whether and how the risks pursuant to paragraph 1 are influenced by intentional manipulation of their service, including by inauthentic use or automated exploitation of the service, as well as the amplification and potentially rapid and wide dissemination of illegal_content and of information that is incompatible with their terms_and_conditions.

The assessment shall take into account specific regional or linguistic aspects, including when specific to a Member State.

3.   Providers of very large online_platforms and of very large online_search_engines shall preserve the supporting documents of the risk assessments for at least three years after the performance of risk assessments, and shall, upon request, communicate them to the Commission and to the Digital_Services_Coordinator_of_establishment.

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 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 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 and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal_content and systemic risks, in accordance with union law in particular on competition and the protection of personal data.

2.   Where significant systemic risk within the meaning of Article 34(1) emerge and concern several very large online_platforms or very large online_search_engines, the Commission may invite the providers of very large online_platforms concerned or the providers of very large online_search_engines concerned, and other providers of very large online_platforms, of very large online_search_engines, of online_platforms and of other intermediary_services, as appropriate, as well as relevant competent authorities, civil society organisations and other relevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.

3.   When giving effect to paragraphs 1 and 2, the Commission and the Board, and where relevant other bodies, shall aim to ensure that the codes of conduct clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, and in particular citizens, at union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Services Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments shall take into account differences in size and capacity between different participants.

4.   The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives, having regard to the key performance indicators that they might contain. They shall publish their conclusions.

The Commission and the Board shall also encourage and facilitate regular review and adaptation of the codes of conduct.

In the case of systematic failure to comply with the codes of conduct, the Commission and the Board may invite the signatories to the codes of conduct to take the necessary action.

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.   The Commission shall encourage and facilitate the drawing up of codes of conduct at union level with the involvement of providers of online_platforms and other relevant service providers, organisations representing recipients of the service and civil society organisations or relevant authorities to promote full and effective, equal participation, by improving access to online services that, through their initial design or subsequent adaptation, address the particular needs of persons_with_disabilities.

2.   The Commission shall aim to ensure that the codes of conduct pursue the objective of ensuring that those services are accessible in compliance with union and national law, in order to maximise their foreseeable use by persons_with_disabilities. The Commission shall aim to ensure that the codes of conduct address at least the following objectives:

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

1.   The Board may recommend that the Commission initiate the drawing up, in accordance with paragraphs 2, 3 and 4, of voluntary crisis protocols for addressing crisis situations. Those situations shall be strictly limited to extraordinary circumstances affecting public security or public health.

2.   The Commission shall encourage and facilitate the providers of very large online_platforms, of very large online_search_engines and, where appropriate, the providers of other online_platforms or of other online_search_engines, to participate in the drawing up, testing and application of those crisis protocols. The Commission shall aim to ensure that those crisis protocols include one or more of the following measures:

3.   The Commission shall, as appropriate, involve Member States’ authorities, and may also involve union bodies, offices and agencies in drawing up, testing and supervising the application of the crisis protocols. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the crisis protocols.

4.   The Commission shall aim to ensure that the crisis protocols set out clearly all of the following:

5.   If the Commission considers that a crisis protocol fails to effectively address the crisis situation, or to safeguard the exercise of fundamental rights as referred to in paragraph 4, point (e), it shall request the participants to revise the crisis protocol, including by taking additional measures.

1.   Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary_services and enforcement of this Regulation (‘competent authorities’).

2.   Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to supervision and enforcement of this Regulation in that Member State, unless the Member State concerned has assigned certain specific tasks or sectors to other competent authorities. The Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent supervision and enforcement of this Regulation throughout the union.

For that purpose, Digital Services Coordinators shall cooperate with each other, other national competent authorities, the Board and the Commission, without prejudice to the possibility for Member States to provide for cooperation mechanisms and regular exchanges of views between the Digital Services Coordinator and other national authorities where relevant for the performance of their respective tasks.

Where a Member State designates one or more competent authorities in addition to the Digital Services Coordinator, it shall ensure that the respective tasks of those authorities and of the Digital Services Coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks.

3.   Member States shall designate the Digital Services Coordinators by 17 February 2024.

Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Member State concerned shall communicate to the Commission and the Board the name of the other competent authorities referred to in paragraph 2, as well as their respective tasks.

4.   The provisions applicable to Digital Services Coordinators set out in Articles 50, 51 and 56 shall also apply to any other competent authorities that the Member States designate pursuant to paragraph 1 of this Article.

1.   Where needed in order to carry out their tasks under this Regulation, Digital Services Coordinators shall have the following powers of investigation, in respect of conduct by providers of intermediary_services falling within the competence of their Member State:

2.   Where needed for carrying out their tasks under this Regulation, Digital Services Coordinators shall have the following enforcement powers, in respect of providers of intermediary_services falling within the competence of their Member State:

As regards the first subparagraph, points (c) and (d), Digital Services Coordinators shall also have the enforcement powers set out in those points in respect of the other persons referred to in paragraph 1 for failure to comply with any of the orders issued to them pursuant to that paragraph. They shall only exercise those enforcement powers after providing those other persons in good time with all relevant information relating to such orders, including the applicable period, the fines or periodic payments that may be imposed for failure to comply and the possibilities for redress.

3.   Where needed for carrying out their tasks under this Regulation, Digital Services Coordinators shall, in respect of providers of intermediary_services falling within the competence of their Member State, where all other powers pursuant to this Article to bring about the cessation of an infringement have been exhausted and the infringement has not been remedied or is continuing and is causing serious harm which cannot be avoided through the exercise of other powers available under union or national law, also have the power to take the following measures:

The Digital Services Coordinator shall, except where it acts upon the Commission’s request referred to in Article 82, prior to submitting the request referred to in the first subparagraph, point (b), of this paragraph invite interested parties to submit written observations within a period that shall not be less than two weeks, describing the measures that it intends to request and identifying the intended addressee or addressees thereof. The provider of intermediary_services, the intended addressee or addressees and any other third party demonstrating a legitimate interest shall be entitled to participate in the proceedings before the competent judicial authority. Any measure ordered shall be proportionate to the nature, gravity, recurrence and duration of the infringement, without unduly restricting access to lawful information by recipients of the service concerned.

The restriction of access shall be for a period of four weeks, subject to the possibility for the competent judicial authority, in its order, to allow the Digital Services Coordinator to extend that period for further periods of the same lengths, subject to a maximum number of extensions set by that judicial authority. The Digital Services Coordinator shall only extend the period where, having regard to the rights and interests of all parties affected by that restriction and all relevant circumstances, including any information that the provider of intermediary_services, the addressee or addressees and any other third party that demonstrated a legitimate interest may provide to it, it considers that both of the following conditions have been met:

Where the Digital Services Coordinator considers that the conditions set out in the third subparagraph, points (a) and (b), have been met but it cannot further extend the period pursuant to the third subparagraph, it shall submit a new request to the competent judicial authority, as referred to in the first subparagraph, point (b).

4.   The powers listed in paragraphs 1, 2 and 3 shall be without prejudice to Section 3.

5.   The measures taken by the Digital Services Coordinators in the exercise of their powers listed in paragraphs 1, 2 and 3 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of the intermediary_services concerned where relevant.

6.   Member States shall lay down specific rules and procedures for the exercise of the powers pursuant to paragraphs 1, 2 and 3 and shall ensure that any exercise of those powers is subject to adequate safeguards laid down in the applicable national law in compliance with the Charter and with the general principles of union law. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all affected parties.

1.   The Member State in which the main establishment of the provider of intermediary_services is located shall have exclusive powers to supervise and enforce this Regulation, except for the powers provided for in paragraphs 2, 3 and 4.

2.   The Commission shall have exclusive powers to supervise and enforce Section 5 of Chapter III.

3.   The Commission shall have powers to supervise and enforce this Regulation, other than those laid down in Section 5 of Chapter III thereof, against providers of very large online_platforms and of very large online_search_engines.

4.   Where the Commission has not initiated proceedings for the same infringement, the Member State in which the main establishment of the provider of very large online_platform or of very large online_search_engine is located shall have powers to supervise and enforce the obligations under this Regulation, other than those laid down in Section 5 of Chapter III, with respect to those providers.

5.   Member States and the Commission shall supervise and enforce the provisions of this Regulation in close cooperation.

6.   Where a provider of intermediary_services does not have an establishment in the union, the Member State where its legal representative resides or is established or the Commission shall have powers, as applicable, in accordance with paragraphs 1 and 4 of this Article, to supervise and enforce the relevant obligations under this Regulation.

7.   Where a provider of intermediary_services fails to appoint a legal representative in accordance with Article 13, all Member States and, in case of a provider of a very large online_platform or very large online_search_engine, the Commission shall have powers to supervise and enforce in accordance with this Article.

Where a Digital Services Coordinator intends to exercise its powers under this paragraph, it shall notify all other Digital Services Coordinators and the Commission, and ensure that the applicable safeguards afforded by the Charter are respected, in particular to avoid that the same conduct is sanctioned more than once for the infringement of the obligations laid down in this Regulation. Where the Commission intends to exercise its powers under this paragraph, it shall notify all other Digital Services Coordinators of that intention. Following the notification pursuant to this paragraph, other Member States shall not initiate proceedings for the same infringement as that referred to in the notification.

1.   Digital Services Coordinators and the Commission shall cooperate closely and provide each other with mutual assistance in order to apply this Regulation in a consistent and efficient manner. Mutual assistance shall include, in particular, exchange of information in accordance with this Article and the duty of the Digital_Services_Coordinator_of_establishment to inform all Digital Services Coordinators of destination, the Board and the Commission about the opening of an investigation and the intention to take a final decision, including its assessment, in respect of a specific provider of intermediary_services.

2.   For the purpose of an investigation, the Digital_Services_Coordinator_of_establishment may request other Digital Services Coordinators to provide specific information in their possession as regards a specific provider of intermediary_services or to exercise their investigative powers referred to in Article 51(1) with regard to specific information located in their Member State. Where appropriate, the Digital Services Coordinator receiving the request may involve other competent authorities or other public authorities of the Member State in question.

3.   The Digital Services Coordinator receiving the request pursuant to paragraph 2 shall comply with such request and inform the Digital_Services_Coordinator_of_establishment about the action taken, without undue delay and no later than two months after its receipt, unless:

The Digital Services Coordinator receiving the request shall justify its refusal by submitting a reasoned reply, within the period set out in the first subparagraph.

1.   The Board shall be composed of Digital Services Coordinators who shall be represented by high-level officials. The failure by one or more Member States to designate a Digital Services Coordinator shall not prevent the Board from performing its tasks under this Regulation. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator may participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.

2.   The Board shall be chaired by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and in line with its rules of procedure. When the Board is requested to adopt a recommendation pursuant to this Regulation, it shall immediately make the request available to other Digital Services Coordinators through the information sharing system set out in Article 85.

3.   Each Member State shall have one vote. The Commission shall not have voting rights.

The Board shall adopt its acts by simple majority. When adopting a recommendation to the Commission referred to in Article 36(1), first subparagraph, the Board shall vote within 48 hours after the request of the Chair of the Board.

4.   The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.

5.   The Board may invite experts and observers to attend its meetings, and may cooperate with other union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.

6.   The Board may consult interested parties, and shall make the results of such consultation publicly available.

7.   The Board shall adopt its rules of procedure, following the consent of the Commission.

1.   The Commission, in cooperation with the Digital Services Coordinators and the Board, shall develop union expertise and capabilities, including, where appropriate, through the secondment of Member States’ personnel.

2.   In addition, the Commission, in cooperation with the Digital Services Coordinators and the Board, shall coordinate the assessment of systemic and emerging issues across the union in relation to very large online_platforms or very large online_search_engines with regard to matters covered by this Regulation.

3.   The Commission may ask the Digital Services Coordinators, the Board and other union bodies, offices and agencies with relevant expertise to support the assessment of systemic and emerging issues across the union under this Regulation.

4.   Member States shall cooperate with the Commission, in particular through their respective Digital Services Coordinators and other competent authorities, where applicable, including by making available their expertise and capabilities.

1.   In order to carry out the tasks assigned to it under this Section, the Commission may, by simple request or by decision, require the provider of the very large online_platform or of the very large online_search_engine concerned, as well as any other natural or legal person acting for purposes related to their trade, business, craft or profession that may be reasonably aware of information relating to the suspected infringement, including organisations performing the audits referred to in Article 37 and Article 75(2), to provide such information within a reasonable period.

2.   When sending a simple request for information to the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in paragraph 1 of this Article, the Commission shall state the legal basis and the purpose of the request, specify what information is required and set the period within which the information is to be provided, and the fines provided for in Article 74 for supplying incorrect, incomplete or misleading information.

3.   Where the Commission requires the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in paragraph 1 of this Article to supply information by decision, it shall state the legal basis and the purpose of the request, specify what information is required and set the period within which it is to be provided. It shall also indicate the fines provided for in Article 74 and indicate or impose the periodic penalty payments provided for in Article 76. It shall further indicate the right to have the decision reviewed by the Court of Justice of the European union.

4.   The providers of the very large online_platform or of the very large online_search_engine concerned or other person referred to in paragraph 1 or their representatives and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in paragraph 1. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.

5.   At the request of the Commission, the Digital Services Coordinators and other competent authorities shall provide the Commission with all necessary information to carry out the tasks assigned to it under this Section.

6.   The Commission shall, without undue delay after sending the simple request or the decision referred to in paragraph 1 of this Article, send a copy thereof to the Digital Services Coordinators, through the information sharing system referred to in Article 85.

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.   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.   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:

4.   Each interruption shall start time running afresh.

5.   The limitation period for the enforcement of penalties shall be suspended for so long as:

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.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Articles 24, 33, 37, 40 and 43 shall be conferred on the Commission for five years starting from 16 November 2022. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Articles 24, 33, 37, 40 and 43 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Articles 24, 33, 37, 40 and 43 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

1.   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European union.

2.   This Regulation shall apply from 17 February 2024.

However, Article 24(2), (3) and (6), Article 33(3) to (6), Article 37(7), Article 40(13), Article 43 and Sections 4, 5 and 6 of Chapter IV shall apply from 16 November 2022.