Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 63 Tasks of the Board
Summary What does Article 63 of the DSA regulation say?
This article details the specific tasks of the European Board for Digital Services (the Board), building directly on Article 61 which establishes the Board and sets out its overarching objectives.
It translates those high-level objectives into concrete activities, covering everything from supporting joint investigations and auditing processes, to advising the Commission and Digital Services Coordinators, to promoting the development of standards and codes of conduct.
The article also introduces an accountability mechanism: where Digital Services Coordinators or other competent authorities choose not to follow the Board's opinions or recommendations, they must explain why.
Important points:
- The Board is required to perform a range of advisory and coordination functions, including supporting investigations, analysing audit results, and issuing opinions to Digital Services Coordinators and the Commission.
- The Board plays a role in shaping broader regulatory practice by supporting and promoting the development of European standards, guidelines, and codes of conduct.
- Digital Services Coordinators and other competent authorities that do not follow the Board's opinions or recommendations must provide reasons for this choice, including details of the actions and measures they have implemented instead.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Where necessary to meet the objectives set out in Article 61(2), the Board shall in particular:
support the coordination of joint investigations;
support the competent authorities in the analysis of reports and results of audits of very large online platforms or of very large online search engines to be transmitted pursuant to this Regulation;
issue opinions, recommendations or advice to Digital Services Coordinators in accordance with this Regulation, taking into account, in particular, the freedom to provide services of the providers of intermediary service;
advise the Commission on the measures referred to in Article 66 and, adopt opinions concerning very large online platforms or very large online search engines in accordance with this Regulation;
support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in cooperation with relevant stakeholders as provided for in this Regulation, including by issuing opinions or recommendations on matters related to Article 44, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
Digital Services Coordinators and, where applicable, other competent authorities that do not follow the opinions, requests or recommendations addressed to them adopted by the Board shall provide the reasons for this choice, including an explanation on the investigations, actions and the measures that they have implemented, when reporting pursuant to this Regulation or when adopting their relevant decisions, as appropriate.
Relevant recitals
Recital 132 Board's contribution to consistent application
The Board should contribute to achieving a common Union perspective on the consistent application of this Regulation and to the cooperation among competent authorities, including by advising the Commission and the Digital Services Coordinators about appropriate investigation and enforcement measures, in particular vis à vis the providers of very large online platforms or of very large online search engines and having regard, in particular, to the freedom of the providers of intermediary services to provide services across the Union. The Board should also contribute to the drafting of relevant templates and codes of conduct and to the analysis of emerging general trends in the development of digital services in the Union, including by issuing opinions or recommendations on matters related to standards.
Recital 133 Board's power to adopt opinions and recommendations
For that purpose, the Board should be able to adopt opinions, requests and recommendations addressed to Digital Services Coordinators or other competent national authorities. While not legally binding, the decision to deviate therefrom should be properly explained and could be taken into account by the Commission in assessing the compliance of the Member State concerned with this Regulation.
Recital 134 Board composition and cooperation with Union bodies
The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including gender equality, and non-discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the Union budget as regards custom duties, consumer protection, or competition law, as necessary for the performance of its tasks.
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
consumer
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
Definition
online search engine