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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

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

  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 application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law in particular on competition and the protection of personal data.
  2. Where significant systemic risk within the meaning of Article 34(1) emerge and concern several very large online platforms or very large online search engines, the Commission may invite the providers of very large online platforms concerned or the providers of very large online search engines concerned, and other providers of very large online platforms, of very large online search engines, of online platforms and of other intermediary services, as appropriate, as well as relevant competent authorities, civil society organisations and other relevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
  3. When giving effect to paragraphs 1 and 2, the Commission and the Board, and where relevant other bodies, shall aim to ensure that the codes of conduct clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, and in particular citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Services Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments shall take into account differences in size and capacity between different participants.
  4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives, having regard to the key performance indicators that they might contain. They shall publish their conclusions.

The Commission and the Board shall also encourage and facilitate regular review and adaptation of the codes of conduct.

In the case of systematic failure to comply with the codes of conduct, the Commission and the Board may invite the signatories to the codes of conduct to take the necessary action.

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  • 106

Recital 103

The Commission and the Board should encourage the drawing-up of voluntary codes of conduct, as well as the implementation of the provisions of those codes in order to contribute to the application of this Regulation. The Commission and the Board should aim that the codes of conduct clearly define the nature of the public interest objectives being addressed, that they contain mechanisms for independent evaluation of the achievement of those objectives and that the role of relevant authorities is clearly defined. Particular attention should be given to avoiding negative effects on security, the protection of privacy and personal data, as well as to the prohibition on imposing general monitoring obligations. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidelines provided by the Commission and the Board, by participating in the same codes of conduct.

Recital 104

It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities or any adverse effects on minors. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of intentionally inaccurate or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as minors. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform or a very large online search engine may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by a provider of an online platform or of an online search engine of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform or the online search engine has infringed the obligations laid down by this Regulation. The mere fact of participating in and implementing a given code of conduct should not in itself presume compliance with this Regulation.

Recital 105

The codes of conduct should facilitate the accessibility of very large online platforms and very large online search engines, in compliance with Union and national law, in order to facilitate their foreseeable use by persons with disabilities. In particular, the codes of conduct could ensure that the information is presented in a perceivable, operable, understandable and robust way and that forms and measures provided pursuant to this Regulation are made available in a manner that is easy to find and accessible to persons with disabilities.

Recital 106

The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of understanding on the sale of counterfeit goods on the internet, the Code of conduct on countering illegal hate speech online, as well as the Code of Practice on Disinformation. In particular for the latter, following the Commission’s guidance, the Code of Practice on Disinformation has been strengthened as announced in the European Democracy Action Plan.

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