Source: OJ L 277, 27/10/2022, p. 1–102Current language: EN
- Digital services act
Basic legislative acts
- DSA regulation
Article 88 Committee procedure
Summary What does Article 88 of the DSA regulation say?
This brief procedural article establishes the committee structure that assists the Commission in carrying out its implementing functions under the Digital Services Act.
It designates the "Digital Services Committee" as the relevant committee and anchors it within the standard EU comitology framework set out in Regulation (EU) No 182/2011.
The reference to Article 4 of that Regulation means the advisory procedure applies, which is the mechanism through which the committee delivers opinions on proposed implementing acts.
This article is referenced throughout the DSA wherever the Commission is empowered to adopt implementing acts, making it a quiet but structurally important provision.
Important points:
- The Digital Services Committee is established to assist the Commission in adopting implementing acts under the DSA.
- The committee operates under the advisory procedure as defined in Article 4 of Regulation (EU) No 182/2011.
- This article is the procedural backbone referenced across the DSA whenever the Commission exercises its implementing powers.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The Commission shall be assisted by a committee (‘the Digital Services Committee’). That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Relevant recitals
Recital 151 Implementing powers conferred on the Commission
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down templates concerning the form, content and other details of reports on content moderation, to establish the amount of the annual supervisory fee charged on providers of very large online platforms and of very large online search engines, to lay down the practical arrangements for the proceedings, the hearings and the negotiated disclosure of information carried out in the context of supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines, as well as to lay down the practical and operational arrangements for the functioning of the information sharing system and its interoperability with other relevant systems. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(34).
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
content moderation
Definition
information society service
Definition
terms and conditions
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
illegal content
Definition
online platform
Definition
online search engine
Footnote 34