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
Art. 78 DSA
Limitation period for the enforcement of penalties
- 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.
- Time shall begin to run on the day on which the decision becomes final.
- The limitation period for the enforcement of penalties shall be interrupted:
(a) by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation;
(b) by any action of the Commission, or of a Member State acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. - Each interruption shall start time running afresh.
- The limitation period for the enforcement of penalties shall be suspended for so long as:
(a) time to pay is allowed;
(b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union or to a decision of a national court.