Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 61 European Board for Digital Services
Summary What does Article 61 of the DSA regulation say?
This article establishes the European Board for Digital Services (the Board), an independent advisory group made up of Digital Services Coordinators.
It is a foundational article that gives the Board its identity and purpose, setting out the three core objectives it exists to serve: ensuring consistent application of the regulation, coordinating guidance on emerging internal market issues, and supporting the supervision of very large online platforms.
Important points:
- The European Board for Digital Services is formally established here as an independent advisory group of Digital Services Coordinators.
- The Board advises both the Digital Services Coordinators and the Commission, acting as a coordination mechanism across the Union.
- A specific focus of the Board is assisting in the supervision of very large online platforms, linking it directly to the heightened obligations found elsewhere in the regulation.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
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.
The Board shall advise the Digital Services Coordinators and the Commission in accordance with this Regulation to achieve the following objectives:
contributing to the consistent application of this Regulation and effective cooperation of the Digital Services Coordinators and the Commission with regard to matters covered by this Regulation;
coordinating and contributing to guidelines and analysis of the Commission and Digital Services Coordinators and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
assisting the Digital Services Coordinators and the Commission in the supervision of very large online platforms.
Relevant recitals
Recital 131 Establishment of the European Board for Digital Services
In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level, a European Board for Digital Services, which should support the Commission and help coordinate the actions of Digital Services Coordinators. The Board should consist of the Digital Services Coordinators, where these have been appointed, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to one representative per Member State.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
recipient of the service
Definition
information society service
Definition
intermediary service
- a ‘mere conduit’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;
- a ‘caching’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;
- a ‘hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient of the service;
Definition
online platform