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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

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

  1. Providers of very large online platforms or of very large online search engines shall establish a compliance function, which is independent from their operational functions and composed of one or more compliance officers, including the head of the compliance function. That compliance function shall have sufficient authority, stature and resources, as well as access to the management body of the provider of the very large online platform or of the very large online search engine to monitor the compliance of that provider with this Regulation.
  2. The management body of the provider of the very large online platform or of the very large online search engine shall ensure that compliance officers have the professional qualifications, knowledge, experience and ability necessary to fulfil the tasks referred to in paragraph 3.

The management body of the provider of the very large online platform or of the very large online search engine shall ensure that the head of the compliance function is an independent senior manager with distinct responsibility for the compliance function.

The head of the compliance function shall report directly to the management body of the provider of the very large online platform or of the very large online search engine, and may raise concerns and warn that body where risks referred to in Article 34 or non-compliance with this Regulation affect or may affect the provider of the very large online platform or of the very large online search engine concerned, without prejudice to the responsibilities of the management body in its supervisory and managerial functions.

The head of the compliance function shall not be removed without prior approval of the management body of the provider of the very large online platform or of the very large online search engine.

  1. Compliance officers shall have the following tasks:
    1. cooperating with the Digital Services Coordinator of establishment and the Commission for the purpose of this Regulation;
    2. ensuring that all risks referred to in Article 34 are identified and properly reported on and that reasonable, proportionate and effective risk-mitigation measures are taken pursuant to Article 35;
    3. organising and supervising the activities of the provider of the very large online platform or of the very large online search engine relating to the independent audit pursuant to Article 37;
    4. informing and advising the management and employees of the provider of the very large online platform or of the very large online search engine about relevant obligations under this Regulation;
    5. monitoring the compliance of the provider of the very large online platform or of the very large online search engine with its obligations under this Regulation;
    6. where applicable, monitoring the compliance of the provider of the very large online platform or of the very large online search engine with commitments made under the codes of conduct pursuant to Articles 45 and 46 or the crisis protocols pursuant to Article 48.
  2. Providers of very large online platforms or of very large online search engines shall communicate the name and contact details of the head of the compliance function to the Digital Services Coordinator of establishment and to the Commission.
  3. The management body of the provider of the very large online platform or of the very large online search engine shall define, oversee and be accountable for the implementation of the provider’s governance arrangements that ensure the independence of the compliance function, including the division of responsibilities within the organisation of the provider of very large online platform or of very large online search engine, the prevention of conflicts of interest, and sound management of systemic risks identified pursuant to Article 34.
  4. The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing, monitoring and mitigating the risks identified pursuant to Article 34 to which the very large online platform or the very large online search engine is or might be exposed to.
  5. The management body shall devote sufficient time to the consideration of the measures related to risk management. It shall be actively involved in the decisions related to risk management, and shall ensure that adequate resources are allocated to the management of the risks identified in accordance with Article 34.
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  • 99

Recital 99

Given the complexity of the functioning of the systems deployed and the systemic risks they present to society, providers of very large online platforms and of very large online search engines should establish a compliance function, which should be independent from the operational functions of those providers. The head of the compliance function should report directly to the management of those providers, including for concerns of non-compliance with this Regulation. The compliance officers that are part of the compliance function should have the necessary qualifications, knowledge, experience and ability to operationalise measures and monitor the compliance with this Regulation within the organisation of the providers of very large online platform or of very large online search engine. Providers of very large online platforms and of very large online search engines should ensure that the compliance function is involved, properly and in a timely manner, in all issues which relate to this Regulation including in the risk assessment and mitigation strategy and specific measures, as well as assessing compliance, where applicable, with commitments made by those providers under the codes of conduct and crisis protocols they subscribe to.

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