Source: OJ L, 2024/436, 2.2.2024 · Consolidated textCurrent language: EN
- Digital services act
Delegated acts
- Performance of independent audits
Article 3 Scope of the audit and reasonable level of assurance
Summary What does Article 3 of the Performance of independent audits say?
This article establishes the temporal scope and duration requirements for audits carried out under this regulation.
It sets out when an audit period begins and ends, ensuring that audits are conducted in a way that allows the auditing organisation to reach conclusions with a reasonable level of assurance.
The article connects directly to Article 37 of Regulation (EU) 2022/2065, anchoring the audit timeframes to the obligations set out there.
It also addresses the specific situation where no previous audit has taken place, providing a defined starting point tied to the designation notification process under Article 33(6) of that Regulation.
Important points:
- Audits must be conducted in a manner and for a duration that enables the auditing organisation to assess compliance with all audited obligations and commitments with a reasonable level of assurance.
- The audit period runs immediately from the end of the previous audit's covered period, ensuring continuity of oversight with no gaps.
- Where no previous audit exists, the audited period starts four months after the Article 33(6) notification, and the audit report must be completed within one year from that starting point.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The audit shall be performed in a manner and for a duration that allows the auditing organisation to assess the audited provider’s compliance with all audited obligations and commitments with a reasonable level of assurance.
The audit shall cover the period starting immediately after the period covered by the previous audit and ending on a date that allows the auditing organisation to perform the audit within the time frame required by Article 37(1) of Regulation (EU) 2022/2065, including by asserting its assessment pursuant to paragraph 1 based on the evidence collected and audit procedures conducted during that period, and by completing and submitting the audit report pursuant to Article 37(4) of that Regulation to the audited provider.
Where no previous audit was performed, the audit shall cover the period starting four months after the notification referred to in Article 33(6), first subparagraph, of Regulation (EU) 2022/2065, and the duration of the audit shall allow for the audit report pursuant to Article 6(1) to be completed at the latest within a year as from the start of the audited period.
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Definition
control risk
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reasonable level of assurance
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recipient of the service
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audit evidence
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audit risk
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audit procedure
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auditing organisation
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information society service
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audited provider
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detection risk
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misstatement
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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;
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audited obligation or commitment
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inherent risk
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substantive analytical procedure
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online platform
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online search engine
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internal control
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audited service
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test