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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

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

  1. In the decision referred to in Article 73, the Commission may impose on the provider of the very large online platform or of the very large online search engine concerned fines not exceeding 6 % of its total worldwide annual turnover in the preceding financial year where it finds that the provider, intentionally or negligently:
    1. infringes the relevant provisions of this Regulation;
    2. fails to comply with a decision ordering interim measures under Article 70; or
    3. fails to comply with a commitment made binding by a decision pursuant to Article 71.
  2. The Commission may adopt a decision imposing on the provider of the very large online platform or of the very large online search engine concerned or on another natural or legal person referred to in Article 67(1) fines not exceeding 1 % of the total annual income or worldwide turnover in the preceding financial year, where they intentionally or negligently:
    1. supply incorrect, incomplete or misleading information in response to a simple request or request by a decision pursuant to Article 67;
    2. fail to reply to the request for information by decision within the set period;
    3. fail to rectify within the period set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;
    4. refuse to submit to an inspection pursuant to Article 69;
    5. fail to comply with the measures adopted by the Commission pursuant to Article 72; or
    6. fail to comply with the conditions for access to the Commission’s file pursuant to Article 79(4).
  3. Before adopting the decision pursuant to paragraph 2 of this Article, the Commission shall communicate its preliminary findings to the provider of the very large online platform or of the very large online search engine concerned or to another person referred to in Article 67(1).
  4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
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  • 144

Recital 144

Compliance with the relevant obligations imposed under this Regulation should be enforceable by means of fines and periodic penalty payments. To that end, appropriate levels of fines and periodic penalty payments should also be laid down for non-compliance with the obligations and breach of the procedural rules, subject to appropriate limitation periods in accordance with the principles of proportionality and ne bis in idem. The Commission and the relevant national authorities should coordinate their enforcement efforts in order to ensure that those principles are respected. In particular, the Commission should take into account any fines and penalties imposed on the same legal person for the same facts through a final decision in proceedings relating to an infringement of other Union or national rules, so as to ensure that the overall fines and penalties imposed are proportionate and correspond to the seriousness of the infringements committed. All decisions taken by the Commission under this Regulation are subject to review by the Court of Justice of the European Union in accordance with the TFEU. The Court of Justice of the European Union should have unlimited jurisdiction in respect of fines and penalty payments in accordance with Article 261 TFEU.

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