keyboard_tab Digital Service Act 2022/2065 EN

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:

(a)

the number of disputes submitted to the out-of-court dispute settlement bodies referred to in Article 21, the outcomes of the dispute settlement, and the median time needed for completing the dispute settlement procedures, as well as the share of disputes where the provider of the online_platform implemented the decisions of the body;

(b)	the number of suspensions imposed pursuant to Article 23, distinguishing between suspensions enacted for the provision of manifestly illegal_content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints.

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

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

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

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

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

(a)	the application of Article 33, including the scope of providers of intermediary_services covered by the obligations set out in Section 5 of Chapter III of this Regulation;

(b)	the way that this Regulation interacts with other legal acts, in particular the acts referred to in Article 2(3) and (4).

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

This report shall address in particular:

(a)	the application of paragraph 1, second subparagraph, points (a) and (b);

(b)	the contribution of this Regulation to the deepening and efficient functioning of the internal market for intermediary_services, in particular as regards the cross-border provision of digital services;

(c)	the application of Articles 13, 16, 20, 21, 45 and 46;

(d)	the scope of the obligations on small and micro enterprises;

(e)	the effectiveness of the supervision and enforcement mechanisms;

(f)	the impact on the respect for the right to freedom of expression and information.

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

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

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

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

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