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Chapter IV – Implementation, cooperation, penalties and enforcement (Art. 49-88)

Art. 49 DSA - Competent authorities and Digital Services Coordinators arrow_right_alt

Art. 50 DSA - Requirements for Digital Services Coordinators arrow_right_alt

Art. 51 DSA - Powers of Digital Services Coordinators arrow_right_alt

Art. 52 DSA - Penalties arrow_right_alt

Art. 53 DSA - Right to lodge a complaint arrow_right_alt

Art. 54 DSA - Compensation arrow_right_alt

Art. 55 DSA - Activity reports arrow_right_alt

Art. 56 DSA - Competences arrow_right_alt

Art. 57 DSA - Mutual assistance arrow_right_alt

Art. 58 DSA - Cross-border cooperation among Digital Services Coordinators arrow_right_alt

Art. 59 DSA - Referral to the Commission arrow_right_alt

  1. 1. In the absence of a communication within the period laid down in Article 58(5), in the case of a disagreement of the Board with the assessment or the measures taken or envisaged pursuant to Article 58(5) or in the cases referred to in Article 60(3), the Board may refer the matter to the Commission, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital Services Coordinator of establishment, the assessment by that Digital Services Coordinator, the reasons for the disagreement and any additional information supporting the referral.
  2. The Commission shall assess the matter within two months following the referral of the matter pursuant to paragraph 1, after having consulted the Digital Services Coordinator of establishment.
  3. Where, pursuant to paragraph 2 of this Article, the Commission considers that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to Article 58(5) are insufficient to ensure effective enforcement or otherwise incompatible with this Regulation, it shall communicate its views to the Digital Services Coordinator of establishment and the Board and request the Digital Services Coordinator of establishment to review the matter.

The Digital Services Coordinator of establishment shall take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, taking utmost account of the views and request for review by the Commission. The Digital Services Coordinator of establishment shall inform the Commission, as well as the requesting Digital Services Coordinator or the Board that took action pursuant to Article 58(1) or (2), about the measures taken within two months from that request for review.

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  • 129

Recital 129

The Board should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or of a failure to adopt any measures in accordance with this Regulation following a cross-border cooperation request or a joint investigation. Where the Commission, on the basis of the information made available by the concerned authorities, considers that the proposed measures, including the proposed level of fines, cannot ensure the effective enforcement of the obligations laid down in this Regulation, it should accordingly be able to express its serious doubts and request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance with this Regulation within a defined period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties.

Art. 60 DSA - Joint investigations arrow_right_alt

Art. 61 DSA - European Board for Digital Services arrow_right_alt

Art. 62 DSA - Structure of the Board arrow_right_alt

Art. 63 DSA - Tasks of the Board arrow_right_alt

Art. 64 DSA - Development of expertise and capabilities arrow_right_alt

Art. 65 DSA - Enforcement of obligations of providers of very large online platforms and of very large online search engines arrow_right_alt

Art. 66 DSA - Initiation of proceedings by the Commission and cooperation in investigation arrow_right_alt

Art. 67 DSA - Requests for information arrow_right_alt

Art. 68 DSA - Power to take interviews and statements arrow_right_alt

Art. 69 DSA - Power to conduct inspections arrow_right_alt

Art. 70 DSA - Interim measures arrow_right_alt

Art. 71 DSA - Commitments arrow_right_alt

Art. 72 DSA - Monitoring actions arrow_right_alt

Art. 73 DSA - Non-compliance arrow_right_alt

Art. 74 DSA - Fines arrow_right_alt

Art. 75 DSA - Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III arrow_right_alt

Art. 76 DSA - Periodic penalty payments arrow_right_alt

Art. 77 DSA - Limitation period for the imposition of penalties arrow_right_alt

Art. 78 DSA - Limitation period for the enforcement of penalties arrow_right_alt

Art. 79 DSA - Right to be heard and access to the file arrow_right_alt

Art. 80 DSA - Publication of decisions arrow_right_alt

Art. 81 DSA - Review by the Court of Justice of the European Union arrow_right_alt

Art. 82 DSA - Requests for access restrictions and cooperation with national courts arrow_right_alt

Art. 83 DSA - Implementing acts relating to Commission intervention arrow_right_alt

Art. 84 DSA - Professional secrecy arrow_right_alt

Art. 85 DSA - Information sharing system arrow_right_alt

Art. 86 DSA - Representation arrow_right_alt

Art. 87 DSA - Exercise of the delegation arrow_right_alt

Art. 88 DSA - Committee procedure arrow_right_alt