Article 68 Power to take interviews and statements

Summary What does Article 68 of the DSA regulation say?

This is a relatively brief procedural article that forms part of the Commission's investigatory toolkit under this Section, sitting alongside broader powers such as information requests and on-site inspections covered in neighbouring articles.

It specifically governs the Commission's power to conduct voluntary interviews as part of its investigations into suspected infringements by very large online platforms and very large online search engines.

It also sets out a coordination mechanism with national authorities when interviews take place outside Commission premises.

Important points:

The Commission is empowered to interview any natural or legal person, provided that person consents, and may record the interview by appropriate technical means.
If an interview takes place on premises other than those of the Commission, the Digital Services Coordinator of the relevant Member State must be informed.
The Digital Services Coordinator of the Member State concerned may, if it requests to do so, have its officials assist the Commission in conducting the interview.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

1. In order to carry out the tasks assigned to it under this Section, the Commission may interview any natural or legal person who consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, in relation to the suspected infringement. The Commission shall be entitled to record such interview by appropriate technical means.
1. If the interview referred to in paragraph 1 is conducted on other premises than those of the Commission, the Commission shall inform the Digital Services Coordinator of the Member State in the territory of which the interview takes place. If so requested by that Digital Services Coordinator, its officials may assist the officials and other accompanying persons authorised by the Commission to conduct the interview.

Relevant recitals

Recital 141 Commission's power to request information

The Commission should be able to request information necessary for the purpose of ensuring the effective implementation of and compliance with the obligations laid down in this Regulation, throughout the Union. In particular, the Commission should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require by means of a duly substantiated request for information that the provider of the very large online platform or of the very large online search engine concerned as well as any other natural or legal persons acting for purposes related to their trade, business, craft or profession that may be reasonably aware of information relating to the suspected infringement or the infringement, as applicable, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State for the purpose of this Regulation. The Commission should be able to require access to, and explanations by means of exercise of investigatory powers, such as requests for information or interviews, relating to documents, data, information, data-bases and algorithms of relevant persons, and to interview, with their consent, any natural or legal persons who may be in possession of useful information and to record the statements made by any technical means. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.

Table of contents

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.