Dutch Legislation

Chapter 4

in force

IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT

Regulation (EU) 2022/2065 — Digital Services Act (Verordening (EU) 2022/2065 (DSA)) · Articles: 40

Section None

IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT

49 Article 49

1. Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary services and…

50 Article 50

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

51 Article 51

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

52 Article 52

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation by providers of intermediary services within…

53 Article 53

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

54 Article 54

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

55 Article 55

1. Digital Services Coordinators shall draw up annual reports on their activities under this Regulation, including the number of complaints received…

56 Article 56

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

57 Article 57

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

58 Article 58

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

59 Article 59

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 or…

60 Article 60

1. The Digital Services Coordinator of establishment may launch and lead joint investigations with the participation of one or more other Digital…

61 Article 61

1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for…

62 Article 62

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…

63 Article 63

1. Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:

64 Article 64

1. The Commission, in cooperation with the Digital Services Coordinators and the Board, shall develop Union expertise and capabilities, including…

65 Article 65

1. For the purposes of investigating compliance of providers of very large online platforms and of very large online search engines with the…

66 Article 66

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…

67 Article 67

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…

68 Article 68

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…

69 Article 69

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…

70 Article 70

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…

71 Article 71

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

72 Article 72

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…

73 Article 73

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…

74 Article 74

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…

75 Article 75

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…

76 Article 76

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…

77 Article 77

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

78 Article 78

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.

79 Article 79

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…

80 Article 80

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…

81 Article 81

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

82 Article 82

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

83 Article 83

In relation to the Commission intervention covered by this Section, the Commission may adopt implementing acts concerning the practical arrangements…

84 Article 84

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

85 Article 85

1. The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services…

86 Article 86

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

87 Article 87

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

88 Article 88

1. The Commission shall be assisted by a committee (‘the Digital Services Committee’). That Committee shall be a Committee within the meaning of…