Powers and procedure

(1) Within the scope of its responsibility under section 12(2), first sentence of the Digital Services Act (national implementing act), the Federal Agency has, having regard to the supplementary provisions of the Digital Services Act (national implementing act), the powers provided for in Regulation (EU) 2022/2065.
(2) The joint competence centre of the Federation and the Länder for the protection of minors in the media on the internet, "jugendschutz.net", shall carry out initial assessments of the precautionary measures taken by providers of online platforms and shall inform the Federal Agency of its assessment. Within the scope of its responsibility under section 12(2), first sentence of the Digital Services Act (national implementing act), the Federal Agency shall take into account the statement of the central supervisory authority of the Länder for the protection of minors in the media.
(3) Where the Federal Agency finds that a provider has taken no precautionary measures, or only inadequate precautionary measures, under Article 28(1) of Regulation (EU) 2022/2065, it shall give the provider the opportunity to comment and shall advise it on the necessary precautionary measures. Where the provider still fails to take the necessary precautionary measures after the conclusion of the advice, the Federal Agency shall call on the provider, setting a reasonable period, to take the precautionary measures.
(4) Where the provider fails to comply with the call under paragraph 3, second sentence within the period set, or complies with it only inadequately, the Federal Agency may itself order the necessary precautionary measures under Article 28(1) of Regulation (EU) 2022/2065, setting a further reasonable period. Before making the order, the Federal Agency shall give the central supervisory authority of the Länder for the protection of minors in the media the opportunity to comment.