keyboard_tab Digital Service Act 2022/2065 EN
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CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- digital 17
- shall 16
- services 16
- commission 12
- coordinators 11
- period 10
- board 9
- limitation 8
- joint 8
- investigation 7
- digital_services_coordinator_of_establishment 7
- infringement 7
- position 5
- which 5
- preliminary 5
- pursuant 5
- the 5
- participating 4
- paragraph 4
- periodic 4
- penalty 4
- intermediary_services 4
- imposition 4
- coordinator 3
- regard 3
- within 3
- article 3
- request 3
- regulation 3
- payments 3
- fines 3
- time 3
- recommendation 3
- alleged 3
- european 2
- covered 2
- after 2
- deadline 2
- referred 2
- suspended 2
- into 2
- account 2
- applicable 2
- to article 2
- subject 2
- failed 2
- interrupt 2
- information 2
- proceedings 2
- matters 2
Article 60
Joint investigations
1. The Digital_Services_Coordinator_of_establishment may launch and lead joint investigations with the participation of one or more other Digital Services Coordinators concerned:
| (a) | at its own initiative, to investigate an alleged infringement of this Regulation by a given provider of intermediary_services in several Member States; or |
| (b) | upon recommendation of the Board, acting on the request of at least three Digital Services Coordinators alleging, based on a reasonable suspicion, an infringement by a given provider of intermediary_services affecting recipients of the service in their Member States. |
2. any Digital Services Coordinator that proves that it has a legitimate interest in participating in a joint investigation pursuant to paragraph 1 may request to do so. The joint investigation shall be concluded within three months from its launch, unless otherwise agreed amongst the participants.
The Digital_Services_Coordinator_of_establishment shall communicate its preliminary position on the alleged infringement no later than one month after the end of the deadline referred to in the first subparagraph to all Digital Services Coordinators, the Commission and the Board. The preliminary position shall take into account the views of all other Digital Services Coordinators participating in the joint investigation. Where applicable, this preliminary position shall also set out the enforcement measures envisaged.
3. The Board may refer the matter to the Commission pursuant to Article 59, where:
| (a) | the Digital_Services_Coordinator_of_establishment failed to communicate its preliminary position within the deadline set out in paragraph 2; |
| (b) | the Board substantially disagrees with the preliminary position communicated by the Digital_Services_Coordinator_of_establishment; or |
| (c) | the Digital_Services_Coordinator_of_establishment failed to initiate the joint investigation promptly following the recommendation by the Board pursuant to paragraph 1, point (b). |
4. In carrying out the joint investigation, the participating Digital Services Coordinators shall cooperate in good faith, taking into account, where applicable, the indications of the Digital_Services_Coordinator_of_establishment and the Board’s recommendation. The Digital Services Coordinators of destination participating in the joint investigation shall be entitled, at the request of or after having consulted the Digital_Services_Coordinator_of_establishment, to exercise their investigative powers referred to in Article 51(1) in respect of the providers of intermediary_services concerned by the alleged infringement, with regard to information and premises located within their territory.
SECTION 3
European Board for Digital Services
Article 61
European Board for Digital Services
1. an independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary_services named ‘European Board for Digital Services’ (the ‘Board’) is established.
2. The Board shall advise the Digital Services Coordinators and the Commission in accordance with this Regulation to achieve the following objectives:
| (a) | contributing to the consistent application of this Regulation and effective cooperation of the Digital Services Coordinators and the Commission with regard to matters covered by this Regulation; |
| (b) | coordinating and contributing to guidelines and analysis of the Commission and Digital Services Coordinators and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation; |
| (c) | assisting the Digital Services Coordinators and the Commission in the supervision of very large online_platforms. |
Article 77
Limitation period for the imposition of penalties
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:
| (a) | requests for information by the Commission or by a Digital Services Coordinator; |
| (b) | inspection; |
| (c) | the opening of a proceeding by the Commission pursuant to Article 66(1). |
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.
whereas