§ Digital Services Act · Article 36
DSA Article 36: Obligations, Deadlines & Penalties
At a glance
Article 36 of the DSA imposes 11 obligations on Commission, provider of very large online platforms or of very large online search engines. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 36
Obligation 1
Assess whether, and if so to what extent and how, the functioning and use of their services significantly contribute to a serious threat to public security or public health, or are likely to do so.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
provider of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online platforms or online search engines
- Action required
-
assess
- Deadline
-
within the reasonable period specified in the Commission's decision
- Penalty
-
—
Obligation 2
Identify and apply specific, effective and proportionate measures to prevent, eliminate or limit any contribution to the serious threat identified, taking due account of the gravity of the threat, urgency, and implications for rights and legitimate interests.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
provider of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online platforms or online search engines
- Action required
-
apply
- Deadline
-
within the reasonable period specified in the Commission's decision
- Penalty
-
—
Obligation 3
Report to the Commission by a certain date or at regular intervals specified in the decision on the assessments, the precise content, implementation, and qualitative and quantitative impact of the specific measures taken, and any other related issues.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
provider of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online platforms or online search engines
- Action required
-
report
- Deadline
-
by a certain date or at regular intervals specified in the decision
- Penalty
-
—
Obligation 4
Notify the decision to the provider or providers to which the decision is addressed without undue delay after adopting the decision.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
notify
- Deadline
-
without undue delay
- Penalty
-
—
Obligation 5
Make the decision publicly available without undue delay after adopting the decision.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
publish
- Deadline
-
without undue delay
- Penalty
-
—
Obligation 6
Inform the Board of the decision, invite it to submit its views, and keep it informed of any subsequent developments relating to the decision without undue delay.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
inform
- Deadline
-
without undue delay
- Penalty
-
—
Obligation 7
Monitor the application of the specific measures taken by the provider on the basis of reports and other relevant information, taking into account the evolution of the crisis.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
monitor
- Deadline
-
—
- Penalty
-
—
Obligation 8
Report regularly to the Board on the monitoring of the specific measures, at least on a monthly basis.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
report
- Deadline
-
at least on a monthly basis
- Penalty
-
—
Obligation 9
Review the identification or application of specific measures if the Commission considers them not effective or proportionate, after consulting the Board.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
provider of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online platforms or online search engines
- Action required
-
review
- Deadline
-
—
- Penalty
-
—
Obligation 10
Cease to apply the measures identified and implemented if the Commission revokes the decision, particularly where the grounds for such measures do not exist anymore.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
provider of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online platforms or online search engines
- Action required
-
cease
- Deadline
-
—
- Penalty
-
—
Obligation 11
Report to the European Parliament and to the Council on a yearly basis following the adoption of decisions, and in any event three months after the end of the crisis, on the application of the specific measures taken.
Regulation (EU) 2022/2065, Article 36, Article 36
- Obligated entity
-
Commission
- Action required
-
report
- Deadline
-
yearly basis and three months after the end of the crisis
- Penalty
-
—
§ Frequently asked
Questions about Article 36
Who must comply with Article 36 of the DSA?
+
Commission, provider of very large online platforms or of very large online search engines.
What does Article 36 of the DSA require?
+
assess apply report
What is the compliance deadline for DSA Article 36?
+
at least on a monthly basis; by a certain date or at regular intervals specified in the decision; within the reasonable period specified in the Commission's decision; without undue delay; yearly basis and three months after the end of the crisis