Digital Services Act

Article 1 Subject matter

The regulation aims to ensure the internal market functions properly for intermediary services by establishing a safe and trusted online environment. It creates a framework for conditional liability exemptions, sets due diligence obligations for certain intermediary service providers, and defines rules for enforcement and authority cooperation.

Article 2 Scope

The regulation applies to intermediary services available to recipients in the EU, regardless of where providers are located. It does not cover non-intermediary services and works alongside various other EU laws on copyright, consumer protection, data privacy, and related matters.

Article 3 Definitions

Defines key terms used in the regulation including information society services, recipients and consumers, traders, three types of intermediary services (mere conduit, caching, hosting), illegal content, online platforms, and online search engines based on their technical functions and scope of operation. Provides further definitions including dissemination to the public, online interfaces, Digital Services Coordinators of establishment and destination, active recipients of platforms and search engines, advertisements, recommender systems, content moderation, terms and conditions, persons with disabilities, commercial communications, and turnover.

Article 4 ‘Mere conduit’

Transmission service providers are exempt from liability for transmitted information if they do not initiate transmission, select recipients, or modify content, and store data only as long as needed for transmission. Courts or authorities may still require providers to stop ongoing infringements.

Article 5 ‘Caching’

Providers storing information temporarily to improve transmission efficiency are exempt from liability if they do not modify the content, follow industry standards for access and updates, allow data collection on usage, and promptly remove or disable access upon becoming aware of removal orders or source removal.

Article 6 Hosting

Hosting providers are exempt from liability for stored user content if they lack actual knowledge of illegal activity or content and act promptly to remove it upon gaining such knowledge. This exemption does not apply when the provider controls the user or when platforms present consumer transactions in ways suggesting provider involvement.

Article 7 Voluntary own-initiative investigations and legal compliance

Service providers do not lose their liability exemptions by voluntarily investigating, detecting or removing illegal content, or by taking steps to comply with EU and national legal requirements. Good faith and diligent efforts toward compliance are protected.

Article 8 No general monitoring or active fact-finding obligations

Intermediary service providers have no obligation to monitor information they transmit or store, nor must they actively investigate facts or circumstances suggesting illegal activity.

Article 9 Orders to act against illegal content

When intermediary service providers receive orders from judicial or administrative authorities to remove illegal content, they must report compliance without delay; orders must include legal basis, reasons for illegality, identifying information, clear content identification, redress information, and territorial scope limited to what is necessary, in a language declared by the provider or an agreed language with translations of key elements if needed. The issuing authority must forward orders and compliance information to the Digital Services Coordinator of its Member State, who distributes copies to all other Coordinators through a shared system. Providers must inform the content recipient about the order and action taken, including reasons, redress options, and territorial scope, by the time the order is executed or as specified in the order.

Article 10 Orders to provide information

Intermediary service providers must inform authorities without delay when receiving information orders about specific service recipients and confirm compliance; orders must include legal basis, issuing authority identification, recipient identification, statement of reasons, necessity and proportionality assessment (except for criminal matters), and redress information, be in declared or agreed languages with essential elements translated if necessary, and only require supply of information already collected for service provision. When an intermediary receives an order from judicial or administrative authorities, the Digital Services Coordinator must transmit a copy to all other Coordinators via a system under Article 85, and the provider must inform the affected service recipient of the order and its implementation at the latest when the order takes effect, including reasons and available remedies.

Article 11 Points of contact for Member States’ authorities, the Commission and the Board

Intermediary service providers must establish a single electronic contact point for communication with national authorities, the European Commission, and the designated Board. Providers must publicly list this contact point with updated information and specify which Union language or languages officials may use for communication.

Article 12 Points of contact for recipients of the service

Intermediary service providers must establish a single, user-friendly electronic contact point allowing service users to communicate directly without relying solely on automated systems. Providers must publicly display information about this contact point in an easily accessible and current manner.

Article 13 Legal representatives

Non-Union intermediary service providers offering services in the Union must appoint a legal representative in a Member State where they operate. The representative may be held liable for regulatory violations and must be given sufficient authority and resources to cooperate with authorities and comply with decisions.

Article 14 Terms and conditions

Intermediary service providers must disclose their content restrictions, moderation methods including algorithms, and complaint procedures in clear, publicly available, machine-readable terms. Very large platforms and search engines must provide all users with a concise summary of terms and must publish them in every Member State's official language where they operate.

Article 15 Transparency reporting obligations for providers of intermediary services

Intermediary service providers must publish annually in machine-readable format clear reports on content moderation activities, covering orders from authorities by type and response times, notices submitted by category and action taken, own-initiative moderation including automated tools and training, complaint volumes and outcomes, and specifics of any automated systems used. Exemptions apply to micro and small enterprises and providers that are not very large online platforms.

Article 16 Notice and action mechanisms

Hosting service providers must establish accessible electronic systems allowing individuals and organizations to report content they believe is illegal. These mechanisms must support sufficiently detailed notices including reasons for the allegation, precise content location, submitter contact information, and a declaration of good faith, and providers must confirm receipt and notify the submitter of their decision without undue delay.

Article 17 Statement of reasons

Hosting service providers must give affected recipients a clear and specific written reason for restrictions imposed due to illegal content or breach of terms, including visibility restrictions, payment suspension, service termination, or account suspension. The statement must explain the decision, reference applicable legal or contractual grounds, describe any automated systems involved, and describe redress possibilities; it must be provided as of the date the restriction takes effect unless the content is deceptive high-volume commercial material.

Article 18 Notification of suspicions of criminal offences

When hosting service providers learn of information suggesting a criminal offence involving threats to life or safety may have occurred or is likely to occur, they must promptly report their suspicion and relevant information to law enforcement or judicial authorities in the concerned Member State, or to Europol if the Member State cannot be identified.

Article 19 Exclusion for micro and small enterprises

Most obligations in this section do not bind online intermediary operators that meet the size criteria of Recommendation 2003/361/EC, even if they recently lost that status within the preceding year, unless they have been classified as very large platforms. Providers designated as very large platforms remain bound by all obligations regardless of their enterprise size category.

Article 20 Internal complaint-handling system

Online platform providers must make available a free, electronic system for at least six months to lodge complaints against decisions on content removal, account suspension, or monetization restrictions. Platform providers must handle complaints promptly, impartially and may not use automated decision-making alone, reversing decisions if complaints have sufficient grounds.

Article 21 Out-of-court dispute settlement

Service recipients may select a certified out-of-court dispute body to resolve disputes with online platforms, which must prominently publicize this option; bodies must be certified by the Digital Services Coordinator for up to five years if impartial, independent, properly staffed, electronically accessible, efficient, and equipped with clear procedures in at least one official EU language. Certified bodies must report annually to their Coordinator and issue decisions within 90 calendar days of complaint receipt, extendable by up to an additional 90 days for highly complex cases; Coordinators must produce biennial reports. If the body rules for the recipient, the platform must cover fees and reimburse reasonable expenses; if for the provider, the recipient pays no fees unless bad faith is found; platforms must pay reasonable fees not exceeding actual costs, recipients access settlement free or at nominal cost, and bodies must disclose fees beforehand.

Article 22 Trusted flaggers

Platform providers must process notices from trusted flaggers with priority and without undue delay. Digital Services Coordinators award and manage trusted flagger status based on demonstrated expertise in detecting illegal content, independence from platforms, and diligent objective conduct, with powers to suspend status during investigation if a platform reports many imprecise or poorly substantiated notices, and to revoke status if conditions are no longer met after investigation and opportunity for response. Trusted flaggers must publish annual reports on notices and actions taken, with explanations of independence procedures, sent to awarding Coordinators and made public without personal data.

Article 23 Measures and protection against misuse

Platform providers may suspend service access or complaint processing to users or entities that frequently submit manifestly illegal content or manifestly unfounded complaints, after prior warning. Suspension decisions must be case-by-case, considering the absolute numbers, proportion, gravity and intent of the misuse, with platforms setting out clear policies in their terms and conditions.

Article 24 Transparency reporting obligations for providers of online platforms

Platform providers must report data on disputes with out-of-court bodies, suspensions imposed, and monthly active users in the Union; they must publish user numbers on their interfaces every six months and submit content decisions to the Commission's machine-readable database without personal data.

Article 25 Online interface design and organisation

Online platform operators must not design, organize, or run their interfaces in ways that trick, manipulate, or substantially harm users' ability to make free and informed choices. The Commission may publish guidance on specific deceptive practices such as highlighting certain options, repeated requests for previously made choices, or making cancellation harder than sign-up.

Article 26 Advertising on online platforms

Platform operators presenting ads must enable users to identify advertisements, who placed them, who paid for them, and the key targeting parameters used. Users must be able to declare their content as commercial, which platforms must then clearly mark. Platforms cannot target ads to individuals based on sensitive personal data profiling.

Article 27 Recommender system transparency

Operators using recommender systems must explain in plain language the main algorithmic factors influencing suggested content and allow users to modify them. Where multiple options exist, platforms must provide an easily accessible feature letting users select and change their preferred recommendation approach at any time.

Article 28 Online protection of minors

Platforms accessible to minors must implement suitable measures safeguarding their privacy, safety, and security. Platforms cannot display ads to minors based on behavioral profiling, though operators need not collect extra data to verify age. The Commission may issue guidelines to assist compliance.

Article 29 Exclusion for micro and small enterprises

These rules do not apply to marketplace platforms whose trader users are micro or small enterprises, including for 12 months after such traders lose that status. However, platforms designated as very large must comply regardless of trader size.

Article 30 Traceability of traders

Platform providers enabling consumer distance contracts with traders must collect and verify trader name, address, telephone, email, identification document or electronic identification, payment account details, trade register information if applicable, and self-certification of Union law compliance before allowing trader use, with existing traders given 12 months to provide information or face service suspension; providers must demand correction without delay if information is inaccurate, incomplete or outdated, and swiftly suspend services if traders fail to comply, while traders may lodge complaints under Articles 20 and 21. Providers must securely store collected information for six months after the contractual relationship ends, then delete it, and disclose it only when legally required.

Article 31 Compliance by design

Marketplace platforms must design their interfaces to help traders comply with pre-contractual and product safety requirements, enabling traders to provide identification, contact information, product descriptions, trademarks, and compliance labeling. Operators must attempt to verify this information and randomly check official databases for illegal products before and after traders go live.

Article 32 Right to information

When a marketplace platform learns of illegal products or services offered through it, the operator must inform affected buyers of the illegality, the trader's identity, and available remedies, limited to purchases from the preceding six months. If buyer contact details are unavailable, the platform must publish this information prominently on its interface.

Article 33 Very large online platforms and very large online search engines

Very large online platforms and search engines are those serving 45 million or more average monthly active recipients in the Union and designated by the Commission; the Commission may adjust the 45 million threshold through delegated acts if the Union's population changes by at least 5 per cent to 10 per cent of the Union's population rounded to millions, and may establish methodology for calculating average monthly active recipients. When designating based on sources other than the provider's reports, the Commission must give the provider 10 working days to submit views on preliminary findings, though non-response does not prevent designation; the Commission may terminate a designation if the platform or search engine has fewer than 45 million average monthly active recipients for an uninterrupted year. Decisions must be published in the Official Journal and notified to the provider, the Board and the national coordinator, with obligations applying four months after notification.

Article 34 Risk assessment

Providers of very large platforms and search engines must assess systemic risks including illegal content, fundamental rights harms, civic and electoral harms, and harms relating to gender violence and minor protection, considering recommender design, content moderation, terms and conditions, advertising systems, and data practices, as well as intentional manipulation and regional variations. Assessments must be completed by the date specified in Article 33(6) and at least annually, and before deploying functionalities with critical impact, with supporting documents preserved for three years.

Article 35 Mitigation of risks

Providers of very large platforms and search engines must implement reasonable, proportionate and effective measures targeting identified systemic risks, including adapting service design and terms, improving content moderation, testing algorithmic and advertising systems, cooperating with trusted flaggers and other platforms, taking awareness measures, protecting children through age verification and abuse reporting tools, and ensuring deepfakes and manipulated media are clearly marked when shown to users. The Board must publish annual reports identifying prominent systemic risks reported by or identified for very large platforms and search engines, including best practices for mitigation, broken down by Member State and for the Union overall. The Commission may issue guidelines on applying mitigation measures for specific risks after public consultation, having regard to impacts on fundamental rights of all parties involved.

Article 36 Crisis response mechanism

During extraordinary circumstances threatening public security or health across the Union, the Commission may require very large platforms or search engines to assess their contribution to the threat, apply proportionate countermeasures, and report to the Commission; requirements must be strictly necessary, justified and proportionate to the threat's gravity and urgency, with a reasonable implementation period and actions not exceeding three months. Providers choose which countermeasures to implement, with the Commission dialoguing with them and monitoring effectiveness through reports; the Commission may require measures to be reviewed if ineffective and may amend or revoke decisions based on crisis evolution, extending the initial three-month period by up to three more months. The Commission reports yearly to Parliament and Council on applied measures and again within three months after the crisis ends.

Article 37 Independent audit

Very large platforms and search engines must undergo independent audits at their own cost at least yearly to verify compliance with Chapter III obligations and codes of conduct or crisis protocols commitments; auditors must be independent for 12 months before and after the audit, have not provided non-audit services during the 12 months before and committed not to do so for 12 months after, have not audited the same provider for more than 10 consecutive years, and are not paid contingently on results. Audit reports must document provider and auditor details, methodology, findings, third parties consulted, and a compliance opinion (positive, positive with comments, or negative); non-positive opinions must include operational recommendations, to which providers must respond within one month with an implementation plan adopting those recommendations or explaining why they did not and describing alternative measures. The Commission may adopt delegated acts establishing detailed procedural rules, methodologies and reporting templates for these audits.

Article 38 Recommender systems

Requires very large online platforms and search engines using recommender systems to offer at least one option for each system that does not rely on profiling, in addition to other transparency requirements.

Article 39 Additional online advertising transparency

Requires very large online platforms and search engines displaying advertisements to maintain a searchable, publicly accessible repository containing advertisement details such as content, sponsor, targeting parameters, reach and duration, for the period during which ads appear and one year after removal. The repository must exclude recipients' personal data and use application programming interfaces to allow detailed queries.

Article 40 Data access and scrutiny

Providers of very large online platforms or search engines must grant access to necessary data and information on algorithmic and recommender systems to the Digital Services Coordinator or Commission within a reasonable timeframe upon reasoned request for monitoring compliance, and to vetted researchers for systemic risk research through appropriate technical interfaces, unless they identify security or confidentiality vulnerabilities and propose alternatives within 15 days. Vetted researcher status is awarded by the Digital Services Coordinator of establishment to researchers affiliated with independent research organisations that disclose funding, meet security and data protection requirements, demonstrate proportionate data access necessity, and commit to publicly releasing results free of charge; this status may be terminated if conditions cease to be met. Providers must also grant real-time access to publicly accessible data to researchers from not-for-profit bodies meeting similar independence, funding disclosure, security and proportionality requirements for systemic risk research; the Commission shall adopt delegated acts specifying technical conditions for data sharing, purposes, data protection compliance, objective indicators and advisory mechanisms.

Article 41 Compliance function

Providers of very large online platforms or search engines must establish an independent compliance function with one or more compliance officers and a head with sufficient authority, resources and management access to monitor compliance, identify and report risks, supervise audits, advise employees, oversee commitments to codes of conduct or crisis protocols, and cooperate with regulators; the head must be an independent senior manager reporting directly to the management body without removal without prior approval. Providers must communicate the head's name and contact details to the Digital Services Coordinator and Commission, and the management body must define, oversee and be accountable for governance ensuring compliance function independence, conflict of interest prevention and sound risk management, including approving and reviewing risk strategies and policies at least annually, devoting sufficient time to risk-related measures, remaining actively involved in risk management decisions and allocating adequate resources.

Article 42 Transparency reporting obligations

Providers of very large online platforms and search engines must publish reports at least every six months, initially within two months of designation. Reports must include human resources dedicated to content moderation broken down by member state language, staff qualifications and training, accuracy indicators by language, and average monthly users per member state. Providers must also transmit risk assessment results, mitigation measures, and audit reports to the Digital Services Coordinator and Commission within three months of completing an audit, though they may redact confidential information or security vulnerabilities.

Article 43 Supervisory fee

The Commission charges very large online platforms and search engines an annual supervisory fee per designated service to cover supervisory costs. The fee is proportionate to average monthly active recipients in the Union and cannot exceed 0.05 percent of worldwide annual net income. The Commission will adopt acts establishing methodology for determining estimated costs, individual fees, and maximum limits, respecting principles that fees account for previous-year costs and take into account the number of active recipients.

Article 44 Standards

The Commission supports development of voluntary European and international standards by standardisation bodies for notice submission, user communication templates, trusted flagger submissions, application programming interfaces for compliance, auditing procedures, advertisement repositories, data transmission between advertising intermediaries, advertisement markings, recommender system interfaces, and minor protection measures. Standards must be updated to reflect technological changes and made publicly available.

Article 45 Codes of conduct

The Commission and Board encourage voluntary codes of conduct to support regulatory compliance, addressing illegal content and systemic risks. When significant systemic risks emerge across multiple platforms, the Commission may convene platforms, authorities, and stakeholders to develop codes including specific risk mitigation measures and reporting frameworks. Codes must establish clear objectives, key performance indicators, and regular monitoring, with provisions for escalation if signatories systematically fail to comply.

Article 46 Codes of conduct for online advertising

The Commission promotes voluntary codes of conduct by platforms, advertising intermediaries, and civil society to increase transparency in online advertising beyond regulatory requirements. Codes should address information transmission about advertising requirements, data sharing between intermediaries and repositories, and disclosure about data monetisation. The Commission encourages development by February 2025 and application by August 2025.

Article 47 Codes of conduct for accessibility

The Commission encourages voluntary codes of conduct involving platforms and disability representatives to improve online service access for persons with disabilities. Codes should ensure services are perceivable, operable, understandable and robust; explain how services meet accessibility requirements; and make regulatory information available in accessible formats. Development should occur by February 2025 with application by August 2025.

Article 48 Crisis protocols

The Board may recommend that the Commission facilitate voluntary crisis protocols with providers to address extraordinary circumstances affecting public security or health. The Commission encourages participation and aims to ensure protocols include prominently displaying crisis information, designating crisis management contacts, and adapting compliance resources as needed. Protocols must specify parameters for activation, participant roles, safeguards for fundamental rights and freedom of expression, and procedures for public reporting on measures taken.

Article 49 Competent authorities and Digital Services Coordinators

Each Member State must designate one or more competent authorities to oversee intermediary service providers and enforce the regulation, with one authority serving as the Digital Services Coordinator responsible for national coordination and cooperation with other coordinators, authorities, and Union bodies. Digital Services Coordinators must be publicly identified by 17 February 2024.

Article 50 Requirements for Digital Services Coordinators

Digital Services Coordinators must operate impartially, transparently and timely with sufficient technical, financial and human resources and budgetary autonomy, and must exercise complete independence free from external influence while remaining subject to judicial review and reasonable accountability for general activities.

Article 51 Powers of Digital Services Coordinators

Digital Services Coordinators have investigative powers to require information, conduct inspections, and request explanations regarding suspected infringements, and enforcement powers to accept binding commitments, order cessation of infringements, impose fines for non-compliance or failure to comply with investigative orders, and impose periodic penalty payments. They may adopt interim measures or request court action to prevent serious harm, and when other enforcement has failed for serious harm involving threats to life or safety, may direct the provider's management to examine the situation and create an action plan, then request the court to temporarily restrict access to the affected service or interface. Before requesting restrictions, the Coordinator must invite public comment for at least two weeks; restrictions last four weeks initially with possible equal extensions up to a court-set maximum if the infringement persists and the restriction does not unduly limit lawful access; Member States must establish procedures with safeguards for private life, defence rights, and judicial remedy.

Article 52 Penalties

Member States must establish effective, proportionate and dissuasive penalty rules for regulation breaches, with maximum fines of 6 percent of annual worldwide turnover for substantive violations and 1 percent for providing false information or refusing inspections, and maximum periodic penalties of 5 percent of average daily worldwide turnover per day.

Article 53 Right to lodge a complaint

Service recipients and representative bodies may complain to the Digital Services Coordinator in their location about platform violations, which must assess the complaint and forward it to the coordinator of establishment with an opinion if appropriate, ensuring both parties receive information and a hearing in accordance with national law.

Article 54 Compensation

Service recipients may pursue compensation from intermediary service providers under applicable Union and national law for harm or loss resulting from the provider's failure to meet their regulatory obligations.

Article 55 Activity reports

Digital Services Coordinators must produce yearly reports on their activities, including complaints received and actions taken, and share these publicly in machine-readable format alongside the Commission and Board. Reports must detail judicial and administrative orders to remove illegal material or provide information, and how such orders were followed.

Article 56 Competences

The Member State where a platform provider has its main establishment holds primary enforcement authority, except the Commission exclusively enforces certain obligations for very large platforms and search engines. When a provider lacks a Union establishment or fails to appoint a legal representative, any Member State or the Commission may enforce, subject to coordination to prevent double punishment.

Article 57 Mutual assistance

Digital Services Coordinators and the Commission must cooperate and share information to apply this regulation consistently. A coordinator investigating a provider must request assistance from others, who must respond within two months unless the request is unclear, they lack the information, or compliance would violate law.

Article 58 Cross-border cooperation among Digital Services Coordinators

A Digital Services Coordinator in one Member State may request the Coordinator in another to investigate and enforce where an intermediary provider appears to have harmed recipients in the first Coordinator's State, or three or more Coordinators may make such a joint request through the Board. Requests must explain facts, relevant regulation provisions, suspected violations, and negative effects, plus any additional relevant information or suggested measures. The receiving Coordinator must take the request seriously; if needing more information, it may ask for it or propose a joint investigation, with deadlines suspended until the extra information arrives, and must report back within two months on its assessment and measures taken.

Article 59 Referral to the Commission

When the Board disagrees with a national coordinator's response or assessment, it may escalate to the Commission with supporting documentation. The Commission evaluates the matter within two months and can request the coordinator to take additional investigatory or enforcement steps to ensure compliance. The coordinator must report back within two months on what action it took in response.

Article 60 Joint investigations

The establishment coordinator may initiate joint investigations with other coordinators to examine multi-country violations or on the Board's recommendation involving at least three coordinators. Such investigations conclude within three months, with preliminary positions shared within one month. The Board may escalate to the Commission if the establishment coordinator fails to communicate timely conclusions or the Board substantially disagrees.

Article 61 European Board for Digital Services

A collegial body of national coordinators provides guidance to enforce consistent application of this regulation and helps coordinate cross-border analysis on emerging risks and issues affecting digital markets. The Board also assists coordinators and the Commission in overseeing very large platform operators.

Article 62 Structure of the Board

The Board comprises Digital Services Coordinators with one vote per Member State and is chaired by the Commission, which provides administrative support but has no voting rights. The Board adopts acts by simple majority, may invite experts and observers, shall consult interested parties, and shall adopt its own rules of procedure with Commission consent.

Article 63 Tasks of the Board

The Board supports coordination of joint investigations, analyzes audit reports on very large online platforms and search engines, issues recommendations to Coordinators, advises the Commission on enforcement measures, and promotes development of European standards and guidelines. Coordinators that do not follow Board recommendations must explain their reasons in reports and decisions.

Article 64 Development of expertise and capabilities

The Commission shall build expertise with input from national coordinators and the Board, potentially including seconded staff from Member States. It shall coordinate assessment of systemic and emerging risks affecting large platforms across the union and may request assistance from other public bodies with relevant knowledge.

Article 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines

The Commission has investigatory authority over very large platform and search engine operators, which it may exercise independently or upon a reasoned request from a national coordinator who suspects systemic violations harming users in its territory. A request must identify the provider, describe suspected violations, explain their systemic nature, and provide any supporting evidence.

Article 66 Initiation of proceedings by the Commission and cooperation in investigation

The Commission may initiate proceedings against very large online platforms and search engines for suspected violations and must notify all Coordinators and the Board, relieving them of their supervisory powers over that case. Coordinators must cooperate sincerely and timely, providing information and exercising their investigative powers within their territory as requested.

Article 67 Requests for information

The Commission may request information from very large online platforms and search engines, or other persons with relevant knowledge, through simple request or binding decision. Simple requests must state legal basis, purpose, required information and timeline; decisions must also indicate potential fines and periodic penalty payments. Digital Services Coordinators must provide necessary information to support Commission investigations.

Article 68 Power to take interviews and statements

The Commission may interview willing natural or legal persons to gather information about suspected infringements, and may record these interviews. The Commission must notify the relevant Digital Services Coordinator if the interview occurs outside Commission premises, and that Coordinator's officials may attend if requested.

Article 69 Power to conduct inspections

The Commission may inspect very large online platform or search engine providers and connected persons to perform its tasks; inspectors may enter premises and transport, review records in any format, copy extracts, request explanations of operations, algorithms, data handling and practices, seal premises and records, and question staff, with involvement of Commission-appointed auditors, experts and national authorities, and must produce written authorisation when records are incomplete or answers incorrect or misleading. Providers must submit to Commission inspection decisions specifying subject matter, purpose, start date and applicable penalties after the Commission consults the relevant Digital Services Coordinator; officials may require providers to explain operations, algorithms, data handling and practices and question key personnel, while Member State officials shall actively assist and have the same inspection powers. When national law requires judicial authorisation for coercive measures, the Digital Services Coordinator shall apply for it at the Commission's request; the national court may verify the Commission decision is genuine and that measures are neither arbitrary nor excessive and may request detailed explanations about the suspected infringement and provider's involvement, but cannot question inspection necessity or demand access to Commission case files, with only the Court of Justice able to review the lawfulness of the Commission decision.

Article 70 Interim measures

The Commission may issue interim measures against very large online platforms and search engines during enforcement proceedings when urgent action is needed to prevent serious damage to users, based on preliminary evidence of infringement. Such measures apply for a specified period and may be renewed as necessary.

Article 71 Commitments

During enforcement proceedings, the Commission may make binding a provider's commitments to comply with the Regulation and close the case. The Commission may reopen proceedings if facts change substantially, the provider violates its commitments, or the Commission discovers incomplete or misleading information was provided, and may reject commitments it considers insufficient.

Article 72 Monitoring actions

The Commission may monitor providers' compliance with the Regulation by requiring access to databases, algorithms and explanations, and may impose document retention obligations. The Commission may appoint independent external experts, auditors, and national authority experts to assist with monitoring and provide specialized knowledge.

Article 73 Non-compliance

The Commission issues a non-compliance decision when a provider violates the Regulation, interim measures, or binding commitments. Before deciding, the Commission communicates preliminary findings and proposed remedies, then orders corrective action within a set timeframe and requires the provider to report on implementation. The Commission closes the case if conditions for non-compliance are not met.

Article 74 Fines

The Commission may impose penalties up to 6% of global annual turnover for intentional or negligent infringement of the regulation or failure to comply with interim measures or binding commitments. For providing false information or obstructing investigations, fines reach 1% of annual income or turnover. When setting the penalty amount, the Commission shall consider the seriousness, duration, frequency of violation, and procedural delays caused.

Article 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III

When the Commission finds that a very large online platform or search engine has infringed Section 5 of Chapter III, it shall require the provider to submit an action plan within a specified period setting out sufficient remedial measures, including a commitment to perform an independent audit under Article 37(3) and (4) specifying auditors, methodology, timing and follow-up, and possibly to join a relevant code of conduct. The Board shall give its opinion within one month, and the Commission shall decide within one month whether measures are sufficient and set an implementation period. The provider must submit the audit report without undue delay and keep the Commission updated on implementation steps.

Article 76 Periodic penalty payments

Permits the Commission to impose daily financial penalties of up to 5 percent of average daily income or annual worldwide turnover on very large online platforms, search engines, or related persons to enforce compliance with information requests, inspections, interim measures, binding commitments, and systemic risk decisions. The Commission may reduce the final penalty amount if the party fulfils the underlying obligation.

Article 77 Limitation period for the imposition of penalties

Establishes a five-year deadline for the Commission to impose fines or periodic penalties, starting from when an infringement occurs or ceases if ongoing. Actions such as information requests, inspections, or proceedings restart the clock, but penalties must be imposed within twice the standard period, with the deadline extended by any suspension of the period during court proceedings.

Article 78 Limitation period for the enforcement of penalties

Sets a five-year window for the Commission to enforce final penalty decisions, beginning when the decision becomes final and restarting if the Commission modifies the penalty or attempts collection. The period pauses while payment deadlines are granted or court-ordered stays on enforcement are in place.

Article 79 Right to be heard and access to the file

Requires the Commission to give platforms, search engines, and related persons an opportunity to comment on preliminary findings and intended measures within a minimum 14-day window, and to permit access to the Commission's file while protecting business secrets and confidential Commission documents. Decisions may only be based on objections that parties had a chance to address.

Article 80 Publication of decisions

Obliges the Commission to make public its decisions on interim measures, binding commitments, remedies, and penalties, identifying the parties and stating the main content and penalties imposed, while respecting the legitimate interests of platforms, search engines, other parties, and third parties in protecting confidential information.

Article 81 Review by the Court of Justice of the European Union

Article 82 Requests for access restrictions and cooperation with national courts

Allows the Commission to request that a Digital Services Coordinator pursue access restriction measures when other enforcement tools are exhausted and serious persistent harm remains, after inviting stakeholder comment for at least 14 working days. The Commission may also submit observations to national courts handling related matters, and courts must avoid decisions conflicting with Commission orders.

Article 83 Implementing acts relating to Commission intervention

Empowers the Commission to establish procedural rules for inspections, hearings, and document disclosure through implementing acts, which must be drafted, published for public comment for at least one month, and adopted through advisory committee procedures.

Article 84 Professional secrecy

Binds the Commission, the Board, Member States' authorities, auditors, experts, and other involved persons to confidentiality regarding information they acquire or exchange under this Regulation, barring them from disclosure.

Article 85 Information sharing system

Requires the Commission to establish a secure system enabling communications among Digital Services Coordinators, itself, and the Board, with access for other competent authorities as needed. The Commission shall adopt implementing acts defining operational and technical arrangements for this system through advisory committee procedures.

Article 86 Representation

Service recipients may authorize not-for-profit bodies, organizations or associations that are lawfully established and have compliance with this Regulation as a statutory objective to represent their rights. Online platform providers must prioritize and quickly process complaints submitted by such authorized representatives through designated complaint mechanisms.

Article 87 Exercise of the delegation

The Commission may adopt delegated acts under specified articles for five-year periods starting from November 2022, with automatic renewal unless Parliament or Council objects. Either institution may revoke delegated powers at any time, and all delegated acts require prior consultation with Member State experts and subsequent notification to Parliament and Council.

Article 88 Committee procedure

A Digital Services Committee, operating as a committee under EU Regulation 182/2011, shall assist the Commission in its work.

Article 89 Amendments to Directive 2000/31/EC

Articles 12 through 15 of the electronic commerce directive are deleted, with references to those articles redirected to corresponding articles in this Regulation.

Article 90 Amendment to Directive (EU) 2020/1828

This Regulation is added to the list of legal acts in Annex I to the directive on representative actions for consumer protection.

Article 91 Review

The Commission must evaluate and report on impacts for small and medium-sized enterprises, application of specific articles, and the Regulation's overall functioning. Starting in November 2027 and every five years thereafter, comprehensive evaluation reports must address internal market functioning, supervision mechanisms, freedom of expression, and the Digital Services Coordinators' activities.

Article 92 Anticipated application to providers of very large online platforms and of very large online search engines

This Regulation applies to designated very large platforms and search engines starting four months after they receive notification, if earlier than February 2024.

Article 93 Entry into force and application

The Regulation takes legal effect on the twentieth day after publication in the Official Journal but applies generally from 17 February 2024, with earlier applicability from 16 November 2022 for specific provisions concerning digital service transparency requirements, algorithmic recommendation systems, content moderation, and crisis response obligations. The Regulation is binding throughout all Member States and has direct legal effect without requiring implementing legislation.