Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines
Summary What does Article 65 of the DSA regulation say?
This article establishes the conditions under which the Commission can begin exercising its investigatory powers over very large online platforms and very large online search engines, notably before any formal proceedings under Article 66 have been initiated.
It operates as a gateway provision, allowing investigative activity to start either on the Commission's own initiative or triggered by a request from a Digital Services Coordinator who suspects a serious or systemic infringement.
The article also sets out the minimum content requirements for such a request, ensuring it is substantiated and provides the Commission with enough information to assess the matter.
Important points:
- The Commission may exercise its investigatory powers over very large online platforms and very large online search engines prior to formally initiating proceedings under Article 66.
- Digital Services Coordinators can trigger Commission involvement by sending a duly reasoned request through the information sharing system referred to in Article 85, where they suspect a serious or systemic infringement affecting recipients in their Member State.
- Any such request must include the provider's point of contact, a description of the relevant facts and suspected provisions breached, evidence of the systemic nature of the infringement, and any other information the Digital Services Coordinator considers relevant.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
For the purposes of investigating compliance of providers of very large online platforms and of very large online search engines with the obligations laid down in this Regulation, the Commission may exercise the investigatory powers laid down in this Section even before initiating proceedings pursuant to Article 66(2). It may exercise those powers on its own initiative or following a request pursuant to paragraph 2 of this Article.
Where a Digital Services Coordinator has reason to suspect that a provider of a very large online platform or of a very large online search engine has infringed the provisions of Section 5 of Chapter III or has systemically infringed any of the provisions of this Regulation in a manner that seriously affects recipients of the service in its Member State, it may send, through the information sharing system referred to in Article 85, a request to the Commission to assess the matter.
A request pursuant to paragraph 2 shall be duly reasoned and at least indicate:
the point of contact of the provider of the very large online platform or of the very large online search engine concerned as provided for in Article 11;
a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Digital Services Coordinator that sent the request suspects that the provider of the very large online platforms or of the very large online search engine concerned infringed this Regulation, including a description of the facts that show that the suspected infringement is of a systemic nature;
any other information that the Digital Services Coordinator that sent the request considers relevant, including, where appropriate, information gathered on its own initiative.
Relevant recitals
Recital 140 Commission's strong powers over VLOPs and VLOSEs
In view of both the particular challenges that may arise in seeking to ensure compliance by providers of very large online platforms or of very large online search engines and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor compliance with the rules laid down in this Regulation, in full respect of the fundamental right to be heard and to have access to the file in the context of enforcement proceedings, the principle of proportionality and the rights and interests of the affected parties.
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
Definition
online search engine