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
- large 30
- very 30
- shall 16
- compliance 15
- provider 14
- management 14
- online_platform 14
- online_search_engine 13
- body 10
- function 10
- online_platforms 6
- pursuant 6
- risks 5
- the 5
- ensure 5
- head 5
- to article 5
- identified 4
- regulation 4
- providers 4
- minors 3
- monitoring 3
- in article 3
- independent 3
- under 3
- referred 3
- providers 3
- obligations 3
- recipient_of_the_service 3
- officers 3
- measures 3
- have 3
- commission 2
- article 2
- this regulation 2
- paragraph 2
- applicable 2
- resources 2
- sufficient 2
- online_search_engines 2
- which 2
- including 2
- additional 2
- compliance 2
- functions 2
- proportionate 2
- affect 2
- related 2
- personal 2
- data 2
Article 28
Online protection of minors
1. Providers of online_platforms accessible to minors shall put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors, on their service.
2. Providers of online_platform shall not present advertisements on their interface based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using personal data of the recipient_of_the_service when they are aware with reasonable certainty that the recipient_of_the_service is a minor.
3. compliance with the obligations set out in this Article shall not oblige providers of online_platforms to process additional personal data in order to assess whether the recipient_of_the_service is a minor.
4. The Commission, after consulting the Board, may issue guidelines to assist providers of online_platforms in the application of paragraph 1.
SECTION 4
Additional provisions applicable to providers of online_platforms allowing consumers to conclude distance_contracts with traders
Article 41
Compliance function
1. Providers of very large online_platforms or of very large online_search_engines shall establish a compliance function, which is independent from their operational functions and composed of one or more compliance officers, including the head of the compliance function. That compliance function shall have sufficient authority, stature and resources, as well as access to the management body of the provider of the very large online_platform or of the very large online_search_engine to monitor the compliance of that provider with this Regulation.
2. The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that compliance officers have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 3.
The management body of the provider of the very large online_platform or of the very large online_search_engine shall ensure that the head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.
The head of the compliance function shall report directly to the management body of the provider of the very large online_platform or of the very large online_search_engine, and may raise concerns and warn that body where risks referred to in Article 34 or non-compliance with this Regulation affect or may affect the provider of the very large online_platform or of the very large online_search_engine concerned, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.
The head of the compliance function shall not be removed without prior approval of the management body of the provider of the very large online_platform or of the very large online_search_engine.
3. compliance officers shall have the following tasks:
(a) | cooperating with the Digital_Services_Coordinator_of_establishment and the Commission for the purpose of this Regulation; |
(b) | ensuring that all risks referred to in Article 34 are identified and properly reported on and that reasonable, proportionate and effective risk-mitigation measures are taken pursuant to Article 35; |
(c) | organising and supervising the activities of the provider of the very large online_platform or of the very large online_search_engine relating to the independent audit pursuant to Article 37; |
(d) | informing and advising the management and employees of the provider of the very large online_platform or of the very large online_search_engine about relevant obligations under this Regulation; |
(e) | monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with its obligations under this Regulation; |
(f) | where applicable, monitoring the compliance of the provider of the very large online_platform or of the very large online_search_engine with commitments made under the codes of conduct pursuant to Articles 45 and 46 or the crisis protocols pursuant to Article 48. |
4. Providers of very large online_platforms or of very large online_search_engines shall communicate the name and contact details of the head of the compliance function to the Digital_Services_Coordinator_of_establishment and to the Commission.
5. The management body of the provider of the very large online_platform or of the very large online_search_engine shall define, oversee and be accountable for the implementation of the provider's governance arrangements that ensure the independence of the compliance function, including the division of responsibilities within the organisation of the provider of very large online_platform or of very large online_search_engine, the prevention of conflicts of interest, and sound management of systemic risks identified pursuant to Article 34.
6. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing, monitoring and mitigating the risks identified pursuant to Article 34 to which the very large online_platform or the very large online_search_engine is or might be exposed to.
7. The management body shall devote sufficient time to the consideration of the measures related to risk management. It shall be actively involved in the decisions related to risk management, and shall ensure that adequate resources are allocated to the management of the risks identified in accordance with Article 34.
whereas