Digital Services Act (DSA) – Regulation (EU) 2022/2065

Subject matter

1. The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary services by setting out harmonised rules for a…

Scope

1. This Regulation shall apply to intermediary services offered to recipients of the service that have their place of establishment or are located in the…

Definitions

For the purpose of this Regulation, the following definitions shall apply: (a) ‘information society service’ means a ‘service’ as defined in Article 1(1)…

‘Mere conduit’

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the…

‘Caching’

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the…

Hosting

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, the service provider…

Voluntary own-initiative investigations and legal compliance

Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 4, 5 and 6 solely because they, in…

No general monitoring or active fact-finding obligations

No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances…

Orders to act against illegal content

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…

Orders to provide information

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…

Points of contact for Member States’ authorities, the Commission and the Board

1. Providers of intermediary services shall designate a single point of contact to enable them to communicate directly, by electronic means, with Member…

Points of contact for recipients of the service

1. Providers of intermediary services shall designate a single point of contact to enable recipients of the service to communicate directly and rapidly with…

Legal representatives

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…

Terms and conditions

1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of…

Transparency reporting obligations for providers of intermediary services

1. Providers of intermediary services shall make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year…

Notice and action mechanisms

1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific…

Statement of reasons

1. Providers of hosting services shall provide a clear and specific statement of reasons to any affected recipients of the service for any of the following…

Notification of suspicions of criminal offences

1. Where a provider of hosting services becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or…

Exclusion for micro and small enterprises

1. This Section, with the exception of Article 24(3) thereof, shall not apply to providers of online platforms that qualify as micro or small enterprises as…

Internal complaint-handling system

1. Providers of online platforms shall provide recipients of the service, including individuals or entities that have submitted a notice, for a period of at…

Out-of-court dispute settlement

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…

Trusted flaggers

1. Providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting…

Measures and protection against misuse

1. Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to…

Transparency reporting obligations for providers of online platforms

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…

Online interface design and organisation

1. Providers of online platforms shall not design, organise or operate their online interfaces in a way that deceives or manipulates the recipients of their…

Advertising on online platforms

1. Providers of online platforms that present advertisements on their online interfaces shall ensure that, for each specific advertisement presented to each…

Recommender system transparency

1. Providers of online platforms that use recommender systems shall set out in their terms and conditions, in plain and intelligible language, the main…

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…

Exclusion for micro and small enterprises

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…

Traceability of traders

1. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that traders can only use those online platforms…

Compliance by design

1. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that its online interface is designed and…

Right to information

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…

Very large online platforms and very large online search engines

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…

Risk assessment

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…

Mitigation of risks

1. Providers of very large online platforms and of very large online search engines shall put in place reasonable, proportionate and effective mitigation…

Crisis response mechanism

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…

Independent audit

1. Providers of very large online platforms and of very large online search engines shall be subject, at their own expense and at least once a year, to…

Recommender systems

In addition to the requirements set out in Article 27, providers of very large online platforms and of very large online search engines that use recommender…

Additional online advertising transparency

1. Providers of very large online platforms or of very large online search engines that present advertisements on their online interfaces shall compile and…

Data access and scrutiny

1. Providers of very large online platforms or of very large online search engines shall provide the Digital Services Coordinator of establishment or the…

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…

Transparency reporting obligations

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…

Supervisory fee

1. The Commission shall charge providers of very large online platforms and of very large online search engines an annual supervisory fee upon their…

Standards

1. The Commission shall consult the Board, and shall support and promote the development and implementation of voluntary standards set by relevant European and…

Codes of conduct

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…

Codes of conduct for online advertising

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…

Codes of conduct for accessibility

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…

Crisis protocols

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…

Competent authorities and Digital Services Coordinators

1. Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary services and enforcement…

Requirements for Digital Services Coordinators

1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely…

Powers of Digital Services Coordinators

1. Where needed in order to carry out their tasks under this Regulation, Digital Services Coordinators shall have the following powers of investigation, in…

Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary services within their…

Right to lodge a complaint

Recipients of the service and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the…

Compensation

Recipients of the service shall have the right to seek, in accordance with Union and national law, compensation from providers of intermediary services, in…

Activity reports

1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received pursuant…

Competences

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…

Mutual assistance

1. Digital Services Coordinators and the Commission shall cooperate closely and provide each other with mutual assistance in order to apply this Regulation in…

Cross-border cooperation among Digital Services Coordinators

1. Unless the Commission has initiated an investigation for the same alleged infringement, where a Digital Services Coordinator of destination has reason to…

Referral to the Commission

1. In the absence of a communication within the period laid down in Article 58(5), in the case of a disagreement of the Board with the assessment or the…

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…

European Board for Digital Services

— Art. 61 — European Board for Digital Services 1. An independent advisory group of Digital Services Coordinators on the supervision of providers of…

Structure of the Board

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…

Tasks of the Board

1. Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular: (a) support the coordination of joint investigations; (b)…

Development of expertise and capabilities

1. The Commission, in cooperation with the Digital Services Coordinators and the Board, shall develop Union expertise and capabilities, including, where…

Enforcement of obligations of providers of very large online platforms and of very large online search engines

1. For the purposes of investigating compliance of providers of very large online platforms and of very large online search engines with the obligations laid…

Initiation of proceedings by the Commission and cooperation in investigation

1. The Commission may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 73 and 74 in respect of the relevant conduct by…

Requests for information

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…

Power to take interviews and statements

1. In order to carry out the tasks assigned to it under this Section, the Commission may interview any natural or legal person who consents to being…

Power to conduct inspections

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…

Interim measures

1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 73(1), where there is an urgency due to the…

Commitments

1. If, during proceedings under this Section, the provider of the very large online platform or of the very large online search engine concerned offers…

Monitoring actions

1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective…

Non-compliance

1. The Commission shall adopt a non-compliance decision where it finds that the provider of the very large online platform or of the very large online search…

Fines

1. In the decision referred to in Article 73, the Commission may impose on the provider of the very large online platform or of the very large online search…

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…

Periodic penalty payments

1. The Commission may adopt a decision, imposing on the provider of the very large online platform or of the very large online search engine concerned or other…

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…

Limitation period for the enforcement of penalties

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…

Right to be heard and access to the file

1. Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give the provider of the very large online platform or of the…

Publication of decisions

1. The Commission shall publish the decisions it adopts pursuant to Article 70(1), Article 71(1) and Articles 73 to 76. Such publication shall state the names…

Review by the Court of Justice of the European Union

In accordance with Article 261 TFEU, the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has…

Requests for access restrictions and cooperation with national courts

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…

Implementing acts relating to Commission intervention

In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements for: (a)…

Professional secrecy

Without prejudice to the exchange and to the use of information referred to in this Chapter, the Commission, the Board, Member States’ competent authorities…

Information sharing system

1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services…

Representation

1. Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, recipients of intermediary services shall at least…

Exercise of the delegation

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…

Committee procedure

1. The Commission shall be assisted by a committee (‘the Digital Services Committee’). That Committee shall be a Committee within the meaning of Regulation…

Amendments to Directive 2000/31/EC

1. Articles 12 to 15 of Directive 2000/31/EC are deleted. 2. References to Articles 12 to 15 of Directive 2000/31/EC shall be construed as references to…

Amendment to Directive (EU) 2020/1828

In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(68) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19…

Review

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…

Anticipated application to providers of very large online platforms and of very large online search engines

This Regulation shall apply to providers of very large online platforms and of very large online search engines designated pursuant to Article 33(4) from four…

Entry into force and application

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…