Source: OJ L, 2024/436, 2.2.2024 · Consolidated textCurrent language: EN
- Digital services act
Delegated acts
- Performance of independent audits
Article 1 Subject matter
Summary What does Article 1 of the Performance of independent audits say?
This is the foundational scope article of the Regulation, establishing what the entire act is designed to govern.
It positions this Regulation as a implementing measure that fleshes out the audit requirements already set out in Article 37 of the Digital Services Act (Regulation (EU) 2022/2065).
In essence, it signals that everything which follows — from auditor selection to report templates — exists to operationalise those higher-level audit obligations placed on providers of very large online platforms and very large online search engines.
Important points:
- This Regulation implements and builds directly upon Article 37 of Regulation (EU) 2022/2065, and must be read in that context.
- Audited providers are required to follow rules covering auditor selection, cooperation with auditors, methodology choices, and reporting templates.
- The Regulation covers the full audit lifecycle, from selecting a qualifying auditing organisation through to completing the final audit and implementation reports.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
This Regulation lays down rules on the performance of audits pursuant to Article 37 of Regulation (EU) 2022/2065, as regards:
the procedural steps for ensuring that the auditing organisation to be selected fulfils the conditions laid down in Article 37(3) of Regulation (EU) 2022/2065;
the procedural steps for cooperation and assistance by the audited provider in the performance of audits, including accessing relevant information with a view to obtaining audit evidence;
the definition and selection of auditing methodologies;
the templates for the audit report and the audit implementation report.
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
audit evidence
Definition
auditing organisation
Definition
information society service
Definition
audited provider
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
Definition
audited service