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Digital Services Act

Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act)
32022R2065 · official text on EUR-Lex

Articles

Chapter I GENERAL PROVISIONS

• Article 1 — Subject matter
• Article 2 — Scope
• Article 3 — Definitions

Chapter II LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES

• Article 4 — ‘Mere conduit’
• Article 5 — ‘Caching’
• Article 6 — Hosting
• Article 7 — Voluntary own-initiative investigations and legal compliance
• Article 8 — No general monitoring or active fact-finding obligations
• Article 9 — Orders to act against illegal content
• Article 10 — Orders to provide information

Chapter III DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT

Section 1 Provisions applicable to all providers of intermediary services

• Article 11 — Points of contact for Member States’ authorities, the Commission and the Board
• Article 12 — Points of contact for recipients of the service
• Article 13 — Legal representatives
• Article 14 — Terms and conditions
• Article 15 — Transparency reporting obligations for providers of intermediary services

Section 2 Additional provisions applicable to providers of hosting services, including online platforms

• Article 16 — Notice and action mechanisms
• Article 17 — Statement of reasons
• Article 18 — Notification of suspicions of criminal offences

Section 3 Additional provisions applicable to providers of online platforms

• Article 19 — Exclusion for micro and small enterprises
• Article 20 — Internal complaint-handling system
• Article 21 — Out-of-court dispute settlement
• Article 22 — Trusted flaggers
• Article 23 — Measures and protection against misuse
• Article 24 — Transparency reporting obligations for providers of online platforms
• Article 25 — Online interface design and organisation
• Article 26 — Advertising on online platforms
• Article 27 — Recommender system transparency
• Article 28 — Online protection of minors

Section 4 Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders

• Article 29 — Exclusion for micro and small enterprises
• Article 30 — Traceability of traders
• Article 31 — Compliance by design
• Article 32 — Right to information

Section 5 Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks

• Article 33 — Very large online platforms and very large online search engines
• Article 34 — Risk assessment
• Article 35 — Mitigation of risks
• Article 36 — Crisis response mechanism
• Article 37 — Independent audit
• Article 38 — Recommender systems
• Article 39 — Additional online advertising transparency
• Article 40 — Data access and scrutiny
• Article 41 — Compliance function
• Article 42 — Transparency reporting obligations
• Article 43 — Supervisory fee

Section 6 Other provisions concerning due diligence obligations

• Article 44 — Standards
• Article 45 — Codes of conduct
• Article 46 — Codes of conduct for online advertising
• Article 47 — Codes of conduct for accessibility
• Article 48 — Crisis protocols

Chapter IV IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT

Section 1 Competent authorities and national Digital Services Coordinators

• Article 49 — Competent authorities and Digital Services Coordinators
• Article 50 — Requirements for Digital Services Coordinators
• Article 51 — Powers of Digital Services Coordinators
• Article 52 — Penalties
• Article 53 — Right to lodge a complaint
• Article 54 — Compensation
• Article 55 — Activity reports

Section 2 Competences, coordinated investigation and consistency mechanisms

• Article 56 — Competences
• Article 57 — Mutual assistance
• Article 58 — Cross-border cooperation among Digital Services Coordinators
• Article 59 — Referral to the Commission
• Article 60 — Joint investigations

Section 3 European Board for Digital Services

• Article 61 — European Board for Digital Services
• Article 62 — Structure of the Board
• Article 63 — Tasks of the Board

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

• Article 64 — Development of expertise and capabilities
• Article 65 — Enforcement of obligations of providers of very large online platforms and of very large online search engines
• Article 66 — Initiation of proceedings by the Commission and cooperation in investigation
• Article 67 — Requests for information
• Article 68 — Power to take interviews and statements
• Article 69 — Power to conduct inspections
• Article 70 — Interim measures
• Article 71 — Commitments
• Article 72 — Monitoring actions
• Article 73 — Non-compliance
• Article 74 — Fines
• Article 75 — Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
• Article 76 — Periodic penalty payments
• Article 77 — Limitation period for the imposition of penalties
• Article 78 — Limitation period for the enforcement of penalties
• Article 79 — Right to be heard and access to the file
• Article 80 — Publication of decisions
• Article 81 — Review by the Court of Justice of the European Union
• Article 82 — Requests for access restrictions and cooperation with national courts
• Article 83 — Implementing acts relating to Commission intervention

Section 5 Common provisions on enforcement

• Article 84 — Professional secrecy
• Article 85 — Information sharing system
• Article 86 — Representation

Section 6 Delegated and implementing acts

• Article 87 — Exercise of the delegation
• Article 88 — Committee procedure

Chapter V FINAL PROVISIONS

• Article 89 — Amendments to Directive 2000/31/EC
• Article 90 — Amendment to Directive (EU) 2020/1828
• Article 91 — Review
• Article 92 — Anticipated application to providers of very large online platforms and of very large online search engines
• Article 93 — Entry into force and application