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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

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

  1. In order to carry out the tasks assigned to it under this Section, the Commission may conduct all necessary inspections at the premises of the provider of the very large online platform or of the very large online search engine concerned or of another person referred to in Article 67(1).
  2. The officials and other accompanying persons authorised by the Commission to conduct an inspection shall be empowered to:
    1. (enter any premises, land and means of transport of the provider of the very large online platform or of the very large online search engine concerned or of the other person concerned;
    2. examine the books and other records related to the provision of the service concerned, irrespective of the medium on which they are stored;
    3. take or obtain in any form copies of or extracts from such books or other records;
    4. require the provider of the very large online platform or of the very large online search engine or the other person concerned to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices and to record or document the explanations given;
    5. seal any premises used for purposes related to the trade, business, craft or profession of the provider of the very large online platform or of the very large online search engine or of the other person concerned, as well as books or other records, for the period and to the extent necessary for the inspection;
    6. ask any representative or member of staff of the provider of the very large online platform or of the very large online search engine or the other person concerned for explanations on facts or documents relating to the subject-matter and purpose of the inspection and to record the answers;
    7. address questions to any such representative or member of staff relating to the subject-matter and purpose of the inspection and to record the answers.
  3. Inspections may be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 72(2), and of Digital Services Coordinator or other competent national authorities of the Member State in the territory of which the inspection is conducted.
  4. Where the production of required books or other records related to the provision of the service concerned is incomplete or where the answers to questions asked under paragraph 2 of this Article are incorrect, incomplete or misleading, the officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the penalties provided for in Articles 74 and 76. In good time before the inspection, the Commission shall inform the Digital Services Coordinator of the Member State in the territory in which the inspection is to be conducted thereof.
  5. During inspections, the officials and other accompanying persons authorised by the Commission, the auditors and experts appointed by the Commission, the Digital Services Coordinator or the other competent authorities of the Member State in the territory of which the inspection is conducted may require the provider of the very large online platform or of the very large online search engine or other person concerned to provide explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts, and may address questions to its key personnel.
  6. The provider of the very large online platform or of the very large online search engine or other natural or legal person concerned shall be required to submit to an inspection ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, set the date on which it is to begin and indicate the penalties provided for in Articles 74 and 76 and the right to have the decision reviewed by the Court of Justice of the European Union. The Commission shall consult the Digital Services Coordinator of the Member State on territory of which the inspection is to be conducted prior to taking that decision.
  7. Officials of, and other persons authorised or appointed by, the Digital Services Coordinator of the Member State on the territory of which the inspection is to be conducted shall, at the request of that Digital Services Coordinator or of the Commission, actively assist the officials and other accompanying persons authorised by the Commission in relation to the inspection. To this end, they shall have the powers listed in paragraph 2.
  8. Where the officials and other accompanying persons authorised by the Commission find that the provider of the very large online platform or of the very large online search engine or the other person concerned opposes an inspection ordered pursuant to this Article, the Member State in the territory of which the inspection is to be conducted shall, at the request of those officials or other accompanying persons and in accordance with the national law of the Member State, afford them necessary assistance, including, where appropriate under that national law, in the form of coercive measures taken by a competent law enforcement authority, so as to enable them to conduct the inspection.
  9. If the assistance provided for in paragraph 8 requires authorisation from a national judicial authority in accordance with the national law of the Member State concerned, such authorisation shall be applied for by the Digital Services Coordinator of that Member State at the request of the officials and other accompanying persons authorised by the Commission. Such authorisation may also be applied for as a precautionary measure.
  10. Where the authorisation referred to in paragraph 9 is applied for, the national judicial authority before which a case has been brought shall verify that the Commission decision ordering the inspection is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. When conducting such verification, the national judicial authority may ask the Commission, directly or through the Digital Services Coordinators of the Member State concerned, for detailed explanations, in particular those concerning the grounds on which the Commission suspects an infringement of this Regulation, concerning the seriousness of the suspected infringement and concerning the nature of the involvement of the provider of the very large online platform or of the very large online search engine or of the other person concerned. However, the national judicial authority shall not call into question the necessity for the inspection nor demand information from the case file of the Commission. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice of the European Union.
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  • 141

Recital 141

The Commission should be able to request information necessary for the purpose of ensuring the effective implementation of and compliance with the obligations laid down in this Regulation, throughout the Union. In particular, the Commission should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require by means of a duly substantiated request for information that the provider of the very large online platform or of the very large online search engine concerned as well as any other natural or legal persons acting for purposes related to their trade, business, craft or profession that may be reasonably aware of information relating to the suspected infringement or the infringement, as applicable, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State for the purpose of this Regulation. The Commission should be able to require access to, and explanations by means of exercise of investigatory powers, such as requests for information or interviews, relating to documents, data, information, data-bases and algorithms of relevant persons, and to interview, with their consent, any natural or legal persons who may be in possession of useful information and to record the statements made by any technical means. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.

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