Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 79 Right to be heard and access to the file
Summary What does Article 79 of the DSA regulation say?
This article establishes the procedural rights of very large online platforms, very large online search engines, and other relevant persons before the Commission adopts any enforcement decisions under Articles 73, 74, or 76.
It is essentially a due process provision, ensuring that parties facing potential non-compliance decisions, fines, or periodic penalty payments have a guaranteed opportunity to be heard, to review relevant materials, and to respond to the Commission's findings before any binding decision is made.
Important points:
- The Commission must give providers of very large online platforms or very large online search engines the opportunity to be heard before adopting enforcement decisions, and those parties have at least 14 days to submit observations on the Commission's preliminary findings.
- The Commission can only base its decisions on objections that the parties concerned have had the opportunity to comment on.
- Rights of defence must be fully respected, including access to the Commission's file under negotiated disclosure terms, though this access does not extend to confidential internal documents or correspondence of the Commission or other public authorities.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give 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) the opportunity of being heard on:
preliminary findings of the Commission, including any matter to which the Commission has taken objections; and
measures that the Commission may intend to take in view of the preliminary findings referred to point (a).
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) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.
The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.
The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online platform or of the very large online search engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.
The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.
Relevant recitals
Recital 146 Right to be heard and confidentiality protection
The provider of the very large online platform or of the very large online search engine concerned and other persons subject to the exercise of the Commission’s powers whose interests may be affected by a decision should be given the opportunity of submitting their observations beforehand, and the decisions taken should be widely publicised. While ensuring the rights of defence of the parties concerned, in particular, the right of access to the file, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of its decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision.
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