Digital Services Act
Articles
CHAPTER III - Due Diligence Obligations for a transparent and safe online environment (Art. 11 - 48)
- Section 1 – Provisions applicable to all providers of intermediary services
- Article 11 – Points of contact for Member States’ authorities, the Commission and the Board
- Article 12 – Points of contact for recipients of the service
- Article 13 – Legal representatives
- Article 14 – Terms and conditions
- Article 15 – Transparency reporting obligations for providers of intermediary services
- Section 2 – Additional provisions applicable to providers of hosting services, including online platforms
- Article 16 – Notice and action mechanisms
- Article 17 – Statement of reasons
- Article 18 – Notification of suspicions of criminal offences
- Section 3 – Additional provisions applicable to providers of online platforms
- Article 19 – Exclusion for micro and small enterprises
- Article 20 – Internal complaint-handling system
- Article 21 – Out-of-court dispute settlement
- Article 22 – Trusted flaggers
- Article 23 – Measures and protection against misuse
- Article 24 – Transparency reporting obligations for providers of online platforms
- Article 25 – Online interface design and organisation
- Article 26 – Advertising on online platforms
- Article 27 – Recommender system transparency
- Article 28 – Online protection of minors
- Section 4 – Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
- Article 29 – Exclusion for micro and small enterprises
- Article 30 – Traceability of traders
- Article 31 – Compliance by design
- Article 32 – Right to information
- Section 5 – Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
- Article 33 – Very large online platforms and very large online search engines
- Article 34 – Risk assessment
- Article 35 – Mitigation of risks
- Article 36 – Crisis response mechanism
- Article 37 – Independent audit
- Article 38 – Recommender systems
- Article 39 – Additional online advertising transparency
- Article 40 – Data access and scrutiny
- Article 41 – Compliance function
- Article 42 – Transparency reporting obligations
- Article 43 – Supervisory fee
- Section 6 – Other provisions concerning due diligence obligations
- Article 44 – Standards
- Article 45 – Codes of conduct
- Article 46 – Codes of conduct for online advertising
- Article 47 – Codes of conduct for accessibility
- Article 48 – Crisis protocols
- Section 1 – Competent authorities and national Digital Services Coordinators
- Article 49 – Competent authorities and Digital Services Coordinators
- Article 50 – Requirements for Digital Services Coordinators
- Article 51 – Powers of Digital Services Coordinators
- Article 52 – Penalties
- Article 53 – Right to lodge a complaint
- Article 54 – Compensation
- Article 55 – Activity reports
- Section 2 – Competences, coordinated investigation and consistency mechanisms
- Article 56 – Competences
- Article 57 – Mutual assistance
- Article 58 – Cross-border cooperation among Digital Services Coordinators
- Article 59 – Referral to the Commission
- Article 60 – Joint investigations
- Section 3 – European Board for Digital Services
- Article 61 – European Board for Digital Services
- Article 62 – Structure of the Board
- Article 63 – Tasks of the Board
- Section 4 – Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
- Article 64 – Development of expertise and capabilities
- Article 65 – Enforcement of obligations of providers of very large online platforms and of very large online search engines
- Article 66 – Initiation of proceedings by the Commission and cooperation in investigation
- Article 67 – Requests for information
- Article 68 – Power to take interviews and statements
- Article 69 – Power to conduct inspections
- Article 70 – Interim measures
- Article 71 – Commitments
- Article 72 – Monitoring actions
- Article 73 – Non-compliance
- Article 74 – Fines
- Article 75 – Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
- Article 76 – Periodic penalty payments
- Article 77 – Limitation period for the imposition of penalties
- Article 78 – Limitation period for the enforcement of penalties
- Article 79 – Right to be heard and access to the file
- Article 80 – Publication of decisions
- Article 81 – Review by the Court of Justice of the European Union
- Article 82 – Requests for access restrictions and cooperation with national courts
- Article 83 – Implementing acts relating to Commission intervention
- Section 5 – Common provisions on enforcement
- Article 84 – Professional secrecy
- Article 85 – Information sharing system
- Article 86 – Representation
- Section 6 – Delegated and implementing acts
- Article 87 – Exercise of the delegation
- Article 88 – Committee procedure
Recitals
- Recital 1 – Risks and challenges to individuals and society as a result of digital transformation
- Recital 2 – Harmonisation of the provision of intermediary services across the internal market
- Recital 3 – A safe, predictable and trustworthy online environment to protect Union citizens’ fundamental rights
- Recital 4 – DSA to establish uniform, effective and proportionate mandatory rules at Union level, in order to avoid fragmentation of the internal market and to ensure legal certainty
- Recital 5 – Services in scope (1/2)
- Recital 6 – Services in scope (2/2)
- Recital 7 – Territorial scope
- Recital 8 – Meaning of ‘substantial connection to the Union’
- Recital 9 – Purpose of the DSA and absence of additional national requirements on the matters within the DSA’s scope
- Recital 10 – The DSA is without prejudice to other acts of Union law regulating the provision of information society services, consumer protection and private international law, etc.
- Recital 11 – The DSA is without prejudice to Union law on copyright and related rights
- Recital 12 – Concept of ‘illegal content’
- Recital 13 – Distinction between providers of hosting services and the subcategory of online platforms
- Recital 14 – Meaning of ‘dissemination to the public’ and its application in relation to interpersonal communication services
- Recital 15 – Where the DSA only partially covers a provider’s services
- Recital 16 – Role of the horizontal framework of conditional exemptions from liability for providers of intermediary services in Directive 2000/31/EC
- Recital 17 – The DSA’s rules on liability of providers of intermediary services (1/2)
- Recital 18 – The DSA’s rules on liability of providers of intermediary services (2/2)
- Recital 19 – Necessity for distinguishing between ‘mere conduit’, ‘caching’ and ‘hosting’ activities
- Recital 20 – Facilitating illegal activities
- Recital 21 – When a provider should benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ activities
- Recital 22 – When a provider should benefit from the exemption from liability for hosting services (1/2)
- Recital 23 – When a provider should benefit from the exemption from liability for hosting services (2/2)
- Recital 24 – Consumer protections and liability of online platforms enabling the conclusion of distance contracts
- Recital 25 – Possibility for injunctions
- Recital 26 – Provision of services and activities in good faith and in a diligent manner
- Recital 27 – Liability of providers of intermediary services and dealing with illegal content
- Recital 28 – Examples of ‘mere conduit’, ‘caching’ or ‘hosting’ services (1/2)
- Recital 29 – Examples of ‘mere conduit’, ‘caching’ or ‘hosting’ services (2/2)
- Recital 30 – Monitoring obligation
- Recital 31 – Legal basis for the issuing of public authorities’ orders, their territorial scope and cross-border enforcement
- Recital 32 – National law and orders by public authorities
- Recital 33 – Providers of intermediary services to inform the issuing authority about any follow-ups to orders without undue delay
- Recital 34 – The DSA is without prejudice to Union law in the field of judicial cooperation in civil or criminal matters and orders issued by public authorities
- Recital 35 – Modalities (such as timing and language) of orders issued by public authorities
- Recital 36 – Territorial scope of public authorities’ orders and the requirement to balance the orders’ objectives with the rights and interests of affected third parties
- Recital 37 – Requirements concerning orders for access to information
- Recital 38 – Orders to act against illegal content and Member States’ competence
- Recital 39 – Information requirements regarding complaint and redress mechanisms
- Recital 40 – Clear, effective, predictable and balanced set of harmonised due diligence obligations
- Recital 41 – Due diligence obligations to be adapted to the type, size and nature of the intermediary service
- Recital 42 – Requirement to designate a single electronic point of contact and to publish and update relevant information relating to that point of contact
- Recital 43 – Requirement to designate a single point of contact for service recipients, enabling rapid, direct and efficient communication
- Recital 44 – Requirement for a legal representative
- Recital 45 – Rules concerning the terms and conditions on transparency, the protection of recipients and the avoidance of unfair or arbitrary outcomes
- Recital 46 – Terms and conditions of services direct at minors to be easily understandable by minors
- Recital 47 – Relevance of fundamental rights
- Recital 48 – Additional requirements on information and transparency of terms and conditions for very large online platforms and very large online search engines
- Recital 49 – Annual report on content moderation
- Recital 50 – Providers of hosting services to put in place easily accessible and user-friendly notice and action mechanisms for the flagging of illegal content
- Recital 51 – Providers of hosting services to remove or disable access to flagged items constituting illegal content, without unduly affecting the freedom of expression and of information of recipients of the service
- Recital 52 – Rules concerning notice and action mechanisms (1/2)
- Recital 53 – Rules concerning notice and action mechanisms (2/2)
- Recital 54 – Decision-making process and notification obligation concerning illegal content
- Recital 55 – Restriction on visibility, monetisation and obligation to provide a statement of reasons
- Recital 56 – Requirement to inform without delay the competent law enforcement authorities of certain suspicions
- Recital 57 – Exceptions for micro or small enterprises
- Recital 58 – Internal complaint handling systems and requirement to allow for the easy and effective contestation of certain decisions of providers of online platforms
- Recital 59 – Requirement to allow for the possibility of good faith out-of-court dispute settlement of disputes
- Recital 60 – The DSA is without prejudice to Directive 2013/11/EU on access to quality-certified alternative dispute resolution entities
- Recital 61 – Trusted flaggers (1/2)
- Recital 62 – Trusted flaggers (2/2)
- Recital 63 – Necessity for proportionate and effective safeguards against such misuse
- Recital 64 – Suspension of service in respect of persons engaged in abusive behaviour
- Recital 65 – Transparency reporting obligations
- Recital 66 – Commission to maintain and publish a database on removal or restriction of availability of and access to information
- Recital 67 – Dark patterns
- Recital 68 – Requirements concerning online advertising
- Recital 69 – Restriction on presenting advertisements based on profiling using special categories of personal data
- Recital 70 – Recommender systems
- Recital 71 – Protection of minors
- Recital 72 – Ensuring the traceability of traders
- Recital 73 – Online platforms allowing the conclusion of distance contracts to assess the reliability of the information provided by traders
- Recital 74 – Online interfaces for traders and requirement to assess uploaded information
- Recital 75 – Requirement for additional obligations on providers of very large online platforms and of very large online search engines
- Recital 76 – Operational threshold to determine status as very large online platforms and very large online search engines
- Recital 77 – Calculating the number of average monthly active recipients of an online platform or online search engine
- Recital 78 – Determining the relevant threshold for high growth online platforms or high growth online search engines
- Recital 79 – Requirement to assess the systemic risks stemming from the design, functioning and use of an online service, as well as from potential misuses by the recipients of the service
- Recital 80 – First category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 81 – Second category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 82 – Third category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 83 – Fourth category of systemic risks to be assessed by the providers of very large online platforms and of very large online search engines
- Recital 84 – How to assess systemic risks
- Recital 85 – Preservation of data and documents relating to risk assessments
- Recital 86 – Requirement to mitigate systemic risks identified in risk assessments
- Recital 87 – How to mitigate systemic risks
- Recital 88 – Systemic risks pertaining to recommender systems, mitigations and cooperation with other service providers
- Recital 89 – Design choices and online interfaces to take best interest of minors into considerations
- Recital 90 – Risk assessment and mitigation to be based on the best available information and scientific insights
- Recital 91 – Requirement to take specific measures at times of crises
- Recital 92 – Independent compliance audits
- Recital 93 – Audit report and audit opinion
- Recital 94 – Recommender systems
- Recital 95 – Requirement to provide public access to repositories of advertisements presented on online interfaces to facilitate supervision and research
- Recital 96 – Digital Services Coordinator or the Commission may submit data access requests for specific data to assess compliance
- Recital 97 – Framework for compelling access to data to vetted researchers
- Recital 98 – Access to data for researchers
- Recital 99 – Providers of very large online platforms and of very large online search engines to establish an independent compliance function
- Recital 100 – Additional transparency requirements to apply to very large online platforms and very large online search engines
- Recital 101 – Annual supervisory fee
- Recital 102 – Voluntary standards
- Recital 103 – Voluntary codes of conduct
- Recital 104 – Additional considerations on content and adoption of codes of conduct
- Recital 105 – Codes of conduct and accessibility for persons with disabilities
- Recital 106 – Rules on codes of conduct to serve as a basis for self-regulatory efforts at Union level
- Recital 107 – Codes of conduct concerning online advertising
- Recital 108 – Voluntary crisis protocols to coordinate rapid, collective and cross- border responses in an online environment
- Recital 109 – Member States to designate at least one authority to supervise the application and enforcement of the DSA
- Recital 110 – Appointment and role of the Digital Services Coordinator (1/2)
- Recital 111 – Appointment and role of the Digital Services Coordinator (2/2)
- Recital 112 – The competent authorities under the DSA to act in complete independence from private and public bodies
- Recital 113 – Appointment of national authority as Digital Services Coordinator
- Recital 114 – Powers of the Digital Services Coordinator and any other competent authority designated under the DSA
- Recital 115 – Member States to set conditions and limits on the investigatory and enforcement powers of their Digital Services Coordinators and other competent authorities
- Recital 116 – Exercising the powers of the Digital Services Coordinator and other competent authorities
- Recital 117 – Sanctions under the DSA to be effective, proportionate and dissuasive
- Recital 118 – Individuals or representative organisations to be able to lodge complaints with the Digital Services Coordinator
- Recital 119 – Digital Services Coordinators to be empowered to take effective and proportionate measures
- Recital 120 – Access restriction to be limited to what is necessary to achieve the objective
- Recital 121 – Providers to be liable for the damages suffered by recipients of the service
- Recital 122 – The Digital Services Coordinator to regularly publish a report on the activities carried out under the DSA
- Recital 123 – Competence of the authorities for supervision and enforcement of the DSA
- Recital 124 – The Commission to have exclusive powers of supervision and enforcement of the additional obligations to manage systemic risks
- Recital 125 – Powers of supervision and enforcement of due diligence obligations to be shared by the Commission and by the national competent authorities
- Recital 126 – The DSA’s provision on the allocation of competence are without prejudice to Union law and national rules on private international law concerning jurisdiction and applicable law in civil and commercial matters
- Recital 127 – Necessity for a high level of cooperation
- Recital 128 – Request for action concerning the Digital Services Coordinator of establishment
- Recital 129 – The Board’s ability to refer matters to the Commission
- Recital 130 – Joint investigations between Digital Services Coordinators and other competent authorities
- Recital 131 – Necessity for an independent advisory group at Union level, the European Board for Digital Services
- Recital 132 – The role of the European Board for Digital Services (1/3)
- Recital 133 – The role of the European Board for Digital Services (2/3)
- Recital 134 – The role of the European Board for Digital Services (3/3)
- Recital 135 – The Commission’s participation in the European Board for Digital Services
- Recital 136 – The Board to rely on the expertise and human resources of the Commission and of the competent national authorities
- Recital 137 – The Commission, in cooperation with the Digital Services Coordinators and the Board, to develop Union-level expertise and capabilities for supervision and enforcement
- Recital 138 – The Commission’s role for investigations and enforcement
- Recital 139 – Coordination between the Commission, the Digital Services Coordinators and the Board
- Recital 140 – The Commission to have strong investigative and enforcement powers
- Recital 141 – The Commission’s investigatory power, including the power to request information
- Recital 142 – The Commission to have powers to impose interim measures
- Recital 143 – Commission’s entitlement to appoint independent external experts and auditors for assistance
- Recital 144 – Compliance to be enforceable by means of fines and periodic penalty payments
- Recital 145 – Action plans to terminate and remedy infringements
- Recital 146 – Opportunity to submit observations, access to the file and confidentiality
- Recital 147 – National authorities to have all necessary information to ensure that their decisions do not contradict the Commission’s decisions under the DSA
- Recital 148 – Information sharing system to be implemented for effective enforcement, monitoring, and communication between Digital Services Coordinators, the Board and the Commission
- Recital 149 – Service recipients’ right to turn to representation
- Recital 150 – Commission to carry out general evaluation of the DSA
- Recital 151 – Commission’s implementing powers
- Recital 152 – Adoption of delegated acts to supplement the Commission’s powers to fulfil the objectives of the DSA
- Recital 153 – Interplay with fundamental rights
- Recital 154 – Justification for the limit to the period after which the DSA applies to the relevant providers
- Recital 155 – Achieving the DSA’s objectives at Union-level
- Recital 156 – Consultation of the European Data Protection Supervisor
DSA Compliance Deadlines
Article 24(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.
Article 49(3): Member States shall designate the Digital Services Coordinators by 17 February 2024. Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Member State concerned shall communicate to the Commission and the Board the name of the other competent authorities referred to in paragraph 2, as well as their respective tasks.
Article 93(2): This Regulation shall apply from 17 February 2024.
Article 46(3): The Commission shall encourage the development of the codes of conduct by 18 February 2025and their application by 18 August 2025.
Article 47(3): The Commission shall encourage the development of the codes of conduct by 18 February 2025and their application by 18 August 2025.
Article 46(3): The Commission shall encourage the development of the codes of conduct by 18 February 2025and their application by 18 August 2025.
Article 47(3): The Commission shall encourage the development of the codes of conduct by 18 February 2025and their application by 18 August 2025.
Article 91(1): 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).
Article 91(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.
Article 91(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.
Article 91(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.
DSA Stats for Nerds
0
Distinct Compliance Deadlines
Articles
Recitals
Days from Proposal to Adoption