# Digital Services Act (DSA) – Regulation (EU) 2022/2065 URL: https://consilena.com/coverage/laws/stat_eu_32022r2065 - Jurisdiction: European Union - Type: Regulation - Short name: DSA - Identifier: 32022R2065 - Provisions: 93 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32022R2065 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – General provisions - **Art. 1 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… - **Art. 2 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… - **Art. 3 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)… ### Chapter II – Liability of providers of intermediary services - **Art. 4 ‘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… - **Art. 5 ‘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… - **Art. 6 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… - **Art. 7 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… - **Art. 8 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… - **Art. 9 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… - **Art. 10 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… ### Chapter III – Due diligence obligations for a transparent and safe online environment - **Art. 11 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… - **Art. 12 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… - **Art. 13 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… - **Art. 14 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… - **Art. 15 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… - **Art. 16 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… - **Art. 17 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… - **Art. 18 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… - **Art. 19 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… - **Art. 20 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… - **Art. 21 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… - **Art. 22 Trusted flaggers**: 1. Providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting… - **Art. 23 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… - **Art. 24 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… - **Art. 25 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… - **Art. 26 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… - **Art. 27 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… - **Art. 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… - **Art. 29 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… - **Art. 30 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… - **Art. 31 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… - **Art. 32 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… - **Art. 33 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… - **Art. 34 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… - **Art. 35 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… - **Art. 36 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… - **Art. 37 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… - **Art. 38 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… - **Art. 39 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… - **Art. 40 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… - **Art. 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… - **Art. 42 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… - **Art. 43 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… - **Art. 44 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… - **Art. 45 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… - **Art. 46 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… - **Art. 47 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… - **Art. 48 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… ### Chapter IV – Implementation, cooperation, penalties and enforcement - **Art. 49 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… - **Art. 50 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… - **Art. 51 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… - **Art. 52 Penalties**: 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary services within their… - **Art. 53 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… - **Art. 54 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… - **Art. 55 Activity reports**: 1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received pursuant… - **Art. 56 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… - **Art. 57 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… - **Art. 58 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… - **Art. 59 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… - **Art. 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… - **Art. 61 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… - **Art. 62 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… - **Art. 63 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)… - **Art. 64 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… - **Art. 65 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… - **Art. 66 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… - **Art. 67 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… - **Art. 68 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… - **Art. 69 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… - **Art. 70 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… - **Art. 71 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… - **Art. 72 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… - **Art. 73 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… - **Art. 74 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… - **Art. 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… - **Art. 76 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… - **Art. 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… - **Art. 78 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… - **Art. 79 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… - **Art. 80 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… - **Art. 81 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… - **Art. 82 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… - **Art. 83 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)… - **Art. 84 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… - **Art. 85 Information sharing system**: 1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services… - **Art. 86 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… - **Art. 87 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… - **Art. 88 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… ### Chapter V – Final provisions - **Art. 89 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… - **Art. 90 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… - **Art. 91 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… - **Art. 92 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… - **Art. 93 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. 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