Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 70 Interim measures
Summary What does Article 70 of the DSA regulation say?
This article grants the Commission a specific emergency power to act quickly during active non-compliance proceedings against providers of very large online platforms or very large online search engines.
Rather than waiting for a full non-compliance decision under Article 73, the Commission can step in with interim measures if there is urgency due to the risk of serious damage to recipients of the service.
This is a targeted, time-limited tool that sits within the broader enforcement framework against these large providers.
Important points:
- The Commission may order interim measures against providers of very large online platforms or very large online search engines before a final non-compliance decision is reached.
- The power is only triggered where there is urgency due to the risk of serious damage for recipients of the service, based on a prima facie finding of an infringement.
- Any such interim decision applies for a specified period of time but can be renewed where necessary and appropriate.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 73(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, order interim measures against the provider of the very large online platform or of the very large online search engine concerned on the basis of a prima facie finding of an infringement.
A decision under paragraph 1 shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
Relevant recitals
Recital 142 Commission's power to impose interim measures
Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to the risk of serious damage for the recipients of the service. This tool is important to avoid developments that could be very difficult to reverse by a decision taken by the Commission at the end of the proceedings. The Commission should therefore have the power to impose interim measures by decision in the context of proceedings opened in view of the possible adoption of a decision of non-compliance. This power should apply in cases where the Commission has made a prima facie finding of infringement of obligations under this Regulation by the provider of very large online platform or of very large online search engine. A decision imposing interim measures should only apply for a specified period, either one ending with the conclusion of the proceedings by the Commission, or for a fixed period which can be renewed insofar as it is necessary and appropriate.
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