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Chapter III – Due diligence obligations for a transparent and safe online environment (Art. 11-48)

Art. 11 DSA - Points of contact for Member States’ authorities, the Commission and the Board arrow_right_alt

Art. 12 DSA - Points of contact for recipients of the service arrow_right_alt

Art. 13 DSA - Legal representatives arrow_right_alt

  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 legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.
  2. Providers of intermediary services shall mandate their legal representatives for the purpose of being addressed in addition to or instead of such providers, by the Member States’ competent authorities, the Commission and the Board, on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with necessary powers and sufficient resources to guarantee their efficient and timely cooperation with the Member States’ competent authorities, the Commission and the Board, and to comply with such decisions.
  3. It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the provider of intermediary services.
  4. Providers of intermediary services shall notify the name, postal address, email address and telephone number of their legal representative to the Digital Services Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
  5. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.
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  • 44

Recital 44

Providers of intermediary services that are established in a third country and that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives to the relevant authorities and make it publicly available. In order to comply with that obligation, such providers of intermediary services should ensure that the designated legal representative has the necessary powers and resources to cooperate with the relevant authorities. This could be the case, for example, where a provider of intermediary services appoints a subsidiary undertaking of the same group as the provider, or its parent undertaking, if that subsidiary or parent undertaking is established in the Union. However, it might not be the case, for instance, when the legal representative is subject to reconstruction proceedings, bankruptcy, or personal or corporate insolvency. That obligation should allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for a legal representative to be mandated, in accordance with national law, by more than one provider of intermediary services. It should be possible for the legal representative to also function as a point of contact, provided the relevant requirements of this Regulation are complied with.

Art. 14 DSA - Terms and conditions arrow_right_alt

Art. 15 DSA - Transparency reporting obligations for providers of intermediary services arrow_right_alt

Art. 16 DSA - Notice and action mechanisms arrow_right_alt

Art. 17 DSA - Statement of reasons arrow_right_alt

Art. 18 DSA - Notification of suspicions of criminal offences arrow_right_alt

Art. 19 DSA - Exclusion for micro and small enterprises arrow_right_alt

Art. 20 DSA - Internal complaint-handling system arrow_right_alt

Art. 21 DSA - Out-of-court dispute settlement arrow_right_alt

Art. 22 DSA - Trusted flaggers arrow_right_alt

Art. 23 DSA - Measures and protection against misuse arrow_right_alt

Art. 24 DSA - Transparency reporting obligations for providers of online platforms arrow_right_alt

Art. 25 DSA - Online interface design and organisation arrow_right_alt

Art. 26 DSA - Advertising on online platforms arrow_right_alt

Art. 27 DSA - Recommender system transparency arrow_right_alt

Art. 28 DSA - Online protection of minors arrow_right_alt

Art. 29 DSA - Exclusion for micro and small enterprises arrow_right_alt

Art. 30 DSA - Traceability of traders arrow_right_alt

Art. 31 DSA - Compliance by design arrow_right_alt

Art. 32 DSA - Right to information arrow_right_alt

Art. 33 DSA - Very large online platforms and very large online search engines arrow_right_alt

Art. 34 DSA - Risk assessment arrow_right_alt

Art. 35 DSA - Mitigation of risks arrow_right_alt

Art. 36 DSA - Crisis response mechanism arrow_right_alt

Art. 37 DSA - Independent audit arrow_right_alt

Art. 38 DSA - Recommender systems arrow_right_alt

Art. 39 DSA - Additional online advertising transparency arrow_right_alt

Art. 40 DSA - Data access and scrutiny arrow_right_alt

Art. 41 DSA - Compliance function arrow_right_alt

Art. 42 DSA - Transparency reporting obligations arrow_right_alt

Art. 43 DSA - Supervisory fee arrow_right_alt

Art. 44 DSA - Standards arrow_right_alt

Art. 45 DSA - Codes of conduct arrow_right_alt

Art. 46 DSA - Codes of conduct for online advertising arrow_right_alt

Art. 47 DSA - Codes of conduct for accessibility arrow_right_alt

Art. 48 DSA - Crisis protocols arrow_right_alt