Art. 73 Non-compliance | DSA regulation | DSA

This article sets out the Commission's power to issue a formal non-compliance decision against providers of very large online platforms or very large online search engines.

It sits at the heart of the enforcement mechanism, acting as the culmination of investigatory proceedings that may have involved interim measures under Article 70 or binding commitments under Article 71.

The article establishes a structured process: the Commission must first share its preliminary findings with the provider before issuing a final decision, and that decision must specify what corrective measures the provider is required to take.

The provider must then report back on what it has actually done to comply.

Equally, the article provides a clean exit: if the Commission concludes that non-compliance has not been established, it closes the investigation by decision, with that closure taking immediate effect.

Important points:

The Commission is required to share preliminary findings with the provider before adopting a non-compliance decision, giving the provider an opportunity to understand what is at stake.
Non-compliance decisions cover three distinct failure scenarios: breach of the Regulation itself, failure to follow interim measures, or failure to honour binding commitments.
Providers of very large online platforms and very large online search engines must describe the measures they have taken to comply with any non-compliance decision once those measures have been implemented.

1. The Commission shall adopt a non-compliance decision where it finds that the provider of the very large online platform or of the very large online search engine concerned does not comply with one or more of the following:
  1. the relevant provisions of this Regulation;
  2. interim measures ordered pursuant to Article 70;
  3. commitments made binding pursuant to Article 71.
1. Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the provider of the very large online platform or of the very large online search engine concerned. In the preliminary findings, the Commission shall explain the measures that it considers taking, or that it considers that the provider of the very large online platform or of the very large online search engine concerned should take, in order to effectively address the preliminary findings.
1. In the decision adopted pursuant to paragraph 1 the Commission shall order the provider of the very large online platform or of the very large online search engine concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable period specified therein and to provide information on the measures that that provider intends to take to comply with the decision.
1. The provider of the very large online platform or of the very large online search engine concerned shall provide the Commission with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation.
1. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. The decision shall apply with immediate effect.