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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

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

  1. Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give the provider of the very large online platform or of the very large online search engine concerned or other person referred to in Article 67(1) the opportunity of being heard on:
    1. preliminary findings of the Commission, including any matter to which the Commission has taken objections; and
    2. measures that the Commission may intend to take in view of the preliminary findings referred to point (a).
  2. The provider of the very large online platform or of the very large online search engine concerned or other person referred to in Article 67(1) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.
  3. The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.
  4. The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission’s file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online platform or of the very large online search engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
  5. The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.
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  • 146

Recital 146

The provider of the very large online platform or of the very large online search engine concerned and other persons subject to the exercise of the Commission’s powers whose interests may be affected by a decision should be given the opportunity of submitting their observations beforehand, and the decisions taken should be widely publicised. While ensuring the rights of defence of the parties concerned, in particular, the right of access to the file, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of its decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision.

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