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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

  1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary services within their competence and shall take all the necessary measures to ensure that they are implemented in accordance with Article 51.
  2. Penalties shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
  3. Member States shall ensure that the maximum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 6 % of the annual worldwide turnover of the provider of intermediary services concerned in the preceding financial year. Member States shall ensure that the maximum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and failure to submit to an inspection shall be 1 % of the annual income or worldwide turnover of the provider of intermediary services or person concerned in the preceding financial year.
  4. Member States shall ensure that the maximum amount of a periodic penalty payment shall be 5 % of the average daily worldwide turnover or income of the provider of intermediary services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
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  • 117

Recital 117

Member States should ensure that violations of the obligations laid down in this Regulation can be sanctioned in a manner that is effective, proportionate and dissuasive, taking into account the nature, gravity, recurrence and duration of the violation, in view of the public interest pursued, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In particular, penalties should take into account whether the provider of intermediary services concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, as well as, where relevant, the number of recipients of the service affected, the intentional or negligent character of the infringement and whether the provider is active in several Member States. Where this Regulation provides for a maximum amount of fines or of a periodic penalty payment, this maximum amount should apply per infringement of this Regulation and without prejudice to the modulation of the fines or periodic penalty payments for specific infringements. Member States should ensure that the imposition of fines or periodic penalty payments in respect of infringements should in each individual case be effective, proportionate and dissuasive by setting up national rules and procedures in accordance with this Regulation, taking into account all the criteria concerning the general conditions for imposing the fines or periodic penalty payments.

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

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