Chapter IVIMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT

Section 1 – Competent authorities and national Digital Services Coordinators

• Article 49Competent authorities and Digital Services Coordinators

  1. Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary services and enforcement of this Regulation (‘competent authorities’).…

• Article 50Requirements for Digital Services Coordinators

  1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that…

• Article 51Powers of Digital Services Coordinators

  1. Where needed in order to carry out their tasks under this Regulation, Digital Services Coordinators shall have the following powers of investigation, in respect of conduct by…

• Article 52Penalties

  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…

• Article 53Right to lodge a complaint

  Recipients of the service and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge…

• Article 54Compensation

  Recipients of the service shall have the right to seek, in accordance with Union and national law, compensation from providers of intermediary services, in respect of any damage…

• Article 55Activity reports

  1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received pursuant to Article 53 and an overview…

Section 2 – Competences, coordinated investigation and consistency mechanisms

• Article 56Competences

  1. The Member State in which the main establishment of the provider of intermediary services is located shall have exclusive powers to supervise and enforce this Regulation, except…

• Article 57Mutual assistance

  1. Digital Services Coordinators and the Commission shall cooperate closely and provide each other with mutual assistance in order to apply this Regulation in a consistent and efficient…

• Article 58Cross-border cooperation among Digital Services Coordinators

  1. Unless the Commission has initiated an investigation for the same alleged infringement, where a Digital Services Coordinator of destination has reason to suspect that a provider of…

• Article 59Referral to the Commission

  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…

• Article 60Joint investigations

  1. The Digital Services Coordinator of establishment may launch and lead joint investigations with the participation of one or more other Digital Services Coordinators concerned: (a) at its…

Section 3 – European Board for Digital Services

• Article 61European Board for Digital Services

  1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established. 2.…

• Article 62Structure of the Board

  1. The Board shall be composed of Digital Services Coordinators who shall be represented by high-level officials. The failure by one or more Member States to designate a…

• Article 63Tasks of the Board

  1. Where necessary to meet the objectives set out in Article 61(2) , the Board shall in particular: (a) support the coordination of joint investigations; (b) support the…

Section 4 – Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines

• Article 64Development of expertise and capabilities

  1. The Commission, in cooperation with the Digital Services Coordinators and the Board, shall develop Union expertise and capabilities, including, where appropriate, through the secondment of Member States’…

• Article 65Enforcement of obligations of providers of very large online platforms and of very large online search engines

  1. For the purposes of investigating compliance of providers of very large online platforms and of very large online search engines with the obligations laid down in this…

• Article 66Initiation of proceedings by the Commission and cooperation in investigation

  1. The Commission may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 73 and 74 in respect of the relevant conduct by the…

• Article 67Requests for information

  1. In order to carry out the tasks assigned to it under this Section, the Commission may, by simple request or by decision, require the provider of the…

• Article 68Power to take interviews and statements

  1. In order to carry out the tasks assigned to it under this Section, the Commission may interview any natural or legal person who consents to being interviewed…

• Article 69Power to conduct inspections

  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…

• Article 70Interim measures

  1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 73(1) , where there is an urgency due…

• Article 71Commitments

  1. If, during proceedings under this Section, the provider of the very large online platform or of the very large online search engine concerned offers commitments to ensure…

• Article 72Monitoring actions

  1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and…

• Article 73Non-compliance

  1. The Commission shall adopt a non-compliance decision where it finds that the provider of the very large online platform or of the very large online search engine…

• Article 74Fines

  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…

• Article 75Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III

  1. When adopting a decision pursuant to Article 73 in relation to an infringement by a provider of a very large online platform or of a very large…

• Article 76Periodic penalty payments

  1. 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 other…

• Article 77Limitation period for the imposition of penalties

  1. The powers conferred on the Commission by Articles 74 and 76 shall be subject to a limitation period of five years. 2. Time shall begin to run…

• Article 78Limitation period for the enforcement of penalties

  1. The power of the Commission to enforce decisions taken pursuant to Articles 74 and 76 shall be subject to a limitation period of five years. 2. Time…

• Article 79Right to be heard and access to the file

  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…

• Article 80Publication of decisions

  1. The Commission shall publish the decisions it adopts pursuant to Article 70(1) , Article 71(1) and Articles 73 to 76 . Such publication shall state the names…

• Article 81Review by the Court of Justice of the European Union

  In accordance with Article 261 TFEU , the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has imposed fines…

• Article 82Requests for access restrictions and cooperation with national courts

  1. Where all powers pursuant to this Section to bring about the cessation of an infringement of this Regulation have been exhausted, the infringement persists and causes serious…

• Article 83Implementing acts relating to Commission intervention

  In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements for: (a) the proceedings pursuant to Articles 69…

Section 5 – Common provisions on enforcement

• Article 84Professional secrecy

  Without prejudice to the exchange and to the use of information referred to in this Chapter, the Commission, the Board, Member States’ competent authorities and their respective officials,…

• Article 85Information sharing system

  1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services Coordinators, the Commission and the Board. Other competent authorities…

• Article 86Representation

  1. Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, recipients of intermediary services shall at least have the right to…

Section 6 – Delegated and implementing acts

• Article 87Exercise of the delegation

  1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to…

• Article 88Committee procedure

  1. The Commission shall be assisted by a committee (‘the Digital Services Committee’). That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011 .…