§ Digital Services Act · Article 39
DSA Article 39: Obligations, Deadlines & Penalties
At a glance
Article 39 of the DSA imposes 11 obligations on Providers 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 39
Obligation 1
Compile and make publicly available a repository containing specific advertising information via a searchable tool and APIs for the duration of the ad presentation and one year thereafter.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
compile and make publicly available
- Deadline
-
until one year after the advertisement was presented for the last time
- Penalty
-
—
Obligation 2
Ensure that the advertising repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 3
Make reasonable efforts to ensure that the information in the advertising repository is accurate and complete.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 4
Include in the repository the content of the advertisement, including the name of the product, service or brand and the subject matter.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
- Exemptions
- where the provider has removed or disabled access to the advertisement based on alleged illegality or incompatibility with terms and conditions
Obligation 5
Include in the repository the natural or legal person on whose behalf the advertisement is presented.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
- Exemptions
- where the provider has removed or disabled access to the advertisement based on alleged illegality or incompatibility with terms and conditions
Obligation 6
Include in the repository the natural or legal person who paid for the advertisement, if different from the person on whose behalf it is presented.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
- Exemptions
- where the provider has removed or disabled access to the advertisement based on alleged illegality or incompatibility with terms and conditions
Obligation 7
Include in the repository the period during which the advertisement was presented.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 8
Include in the repository whether the advertisement was intended for specific groups and the main parameters used for targeting or exclusion.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 9
Include in the repository commercial communications published on the platform and identified pursuant to Article 26(2).
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 10
Include in the repository the total number of recipients reached and aggregate numbers broken down by Member State for targeted groups.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 11
If an advertisement is removed or disabled due to alleged illegality or terms incompatibility, include information referred to in Article 17(3) or Article 9(2) instead of content, advertiser, and payer details.
Regulation (EU) 2022/2065, Article 39, Article 39
- Obligated entity
-
Providers of very large online platforms or of very large online search engines
- Size threshold
- very large
- Sector scope
- online advertising
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 39
Who must comply with Article 39 of the DSA?
+
Providers of very large online platforms or of very large online search engines.
What does Article 39 of the DSA require?
+
compile and make publicly available ensure include
What is the compliance deadline for DSA Article 39?
+
until one year after the advertisement was presented for the last time