keyboard_tab Digital Service Act 2022/2065 EN
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- 2 Art. 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
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
- shall 13
- commission 11
- large 10
- very 10
- action 10
- plan 10
- measures 7
- online_search_engine 5
- online_platform 5
- provider 5
- infringement 5
- audit 5
- implementation 5
- decision 4
- terminate 4
- remedy 4
- necessary 4
- board 4
- concerned 4
- information 4
- period 4
- within 4
- opinion 3
- communicate 3
- additional 3
- commitment 3
- reasonable 3
- the commission 3
- report 3
- relevant 3
- monitoring 2
- keep 2
- available 2
- provide 2
- sufficient 2
- enhanced 2
- accordance 2
- conduct 2
- coordinators 2
- services 2
- digital 2
- provided 2
- month 2
- following 2
- receipt 2
- include 2
- article 2
- taken 2
- updates 2
- down 2
Article 75
Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
1. When adopting a decision pursuant to Article 73 in relation to an infringement by a provider of a very large online_platform or of a very large online_search_engine of any of the provisions of Section 5 of Chapter III, the Commission shall make use of the enhanced supervision system laid down in this Article. When doing so, it shall take utmost account of any opinion of the Board pursuant to this Article.
2. In the decision referred to in Article 73, the Commission shall require the provider of a very large online_platform or of a very large online_search_engine concerned to draw up and communicate, within a reasonable period specified in the decision, to the Digital Services Coordinators, the Commission and the Board an action plan setting out the necessary measures which are sufficient to terminate or remedy the infringement. Those measures shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of the other measures, and shall specify the identity of the auditors, as well as the methodology, timing and follow-up of the audit. The measures may also include, where appropriate, a commitment to participate in a relevant code of conduct, as provided for in Article 45.
3. Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Commission. Within one month following receipt of that opinion, the Commission shall decide whether the measures set out in the action plan are sufficient to terminate or remedy the infringement, and shall set a reasonable period for its implementation. The possible commitment to adhere to relevant codes of conduct shall be taken into account in that decision. The Commission shall subsequently monitor the implementation of the action plan. To that end, the provider of a very large online_platform or of a very large online_search_engine concerned shall communicate the audit report to the Commission without undue delay after it becomes available, and shall keep the Commission up to date on steps taken to implement the action plan. The Commission may, where necessary for such monitoring, require the provider of a very large online_platform or of a very large online_search_engine concerned to provide additional information within a reasonable period set by the Commission.
The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan, and about its monitoring thereof.
4. The Commission may take necessary measures in accordance with this Regulation, in particular Article 76(1), point (e), and Article 82(1), where:
(a) | the provider of the very large online_platform or of the very large online_search_engine concerned fails to provide any action plan, the audit report, the necessary updates or any additional information required, within the applicable period; |
(b) | the Commission rejects the proposed action plan because it considers that the measures set out therein are insufficient to terminate or remedy the infringement; or |
(c) | the Commission considers, on the basis of the audit report, any updates or additional information provided or any other relevant information available to it, that the implementation of the action plan is insufficient to terminate or remedy the infringement. |
whereas