Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 71 Commitments
Summary What does Article 71 of the DSA regulation say?
This article sits within the Commission's enforcement toolkit against very large online platforms and very large online search engines, operating alongside the formal non-compliance decision process under Article 73.
It establishes a commitments mechanism, whereby if a provider offers undertakings during ongoing proceedings, the Commission can formalise those commitments as legally binding and close the case.
However, the Commission retains the power to reopen proceedings under certain circumstances, and can outright reject commitments it considers insufficient.
Important points:
- The Commission may accept commitments from providers of very large online platforms or very large online search engines and make them legally binding, closing the proceedings with no further grounds for action.
- The Commission can reopen proceedings if facts materially change, the provider acts contrary to its commitments, or the original decision was based on incorrect or misleading information.
- The Commission must reject commitments through a reasoned decision where it considers those commitments unable to ensure effective compliance with the Regulation.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
If, during proceedings under this Section, the provider of the very large online platform or of the very large online search engine concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may by decision make those commitments binding on the provider of the very large online platform or of the very large online search engine concerned and declare that there are no further grounds for action.
The Commission may, upon request or on its own initiative, reopen the proceedings:
where there has been a material change in any of the facts on which the decision was based;
where the provider of the very large online platform or of the very large online search engine concerned acts contrary to its commitments; or
where the decision was based on incomplete, incorrect or misleading information provided by the provider of the very large online platform or of the very large online search engine concerned or other person referred to in Article 67(1).
Where the Commission considers that the commitments offered by the provider of the very large online platform or of the very large online search engine concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision when concluding the proceedings.
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