DSA Article 40: Obligations, Deadlines & Penalties

Provide the Digital Services Coordinator of establishment or the Commission access to data necessary to monitor and assess compliance with the Regulation, at their reasoned request and within a reasonable period. Regulation (EU) 2022/2065, Article 40, Article 40

Use data accessed pursuant to paragraph 1 only for the purpose of monitoring and assessing compliance with the Regulation, taking due account of rights and interests including personal data protection and trade secrets. Regulation (EU) 2022/2065, Article 40, Article 40

Explain the design, logic, functioning, and testing of their algorithmic systems, including recommender systems, at the request of the Digital Services Coordinator of establishment or the Commission. Regulation (EU) 2022/2065, Article 40, Article 40

Provide access to data to vetted researchers who meet the requirements in paragraph 8, for the sole purpose of conducting research on systemic risks and risk mitigation measures, within a reasonable period specified in the request. Regulation (EU) 2022/2065, Article 40, Article 40

Request the Digital Services Coordinator of establishment to amend a data access request if unable to provide access due to lack of data or significant security/confidentiality vulnerabilities, within 15 days of receipt. Regulation (EU) 2022/2065, Article 40, Article 40

Decide on a request for amendment pursuant to paragraph 5 within 15 days and communicate the decision, including any amended request and new compliance period, to the provider. Regulation (EU) 2022/2065, Article 40, Article 40

Facilitate and provide access to data pursuant to paragraphs 1 and 4 through appropriate interfaces specified in the request, including online databases or application programming interfaces. Regulation (EU) 2022/2065, Article 40, Article 40

Grant researchers the status of ‘vetted researchers’ and issue a reasoned request for data access if they demonstrate they meet all conditions listed in paragraph 8, including affiliation, independence, funding disclosure, security capabilities, and public availability of results. Regulation (EU) 2022/2065, Article 40, Article 40

Inform the Commission and the Board upon receipt of an application for vetted researcher status pursuant to paragraph 8. Regulation (EU) 2022/2065, Article 40, Article 40

Conduct an initial assessment of whether researchers meet the conditions in paragraph 8 upon receiving an application, and subsequently send the application, supporting documents, and initial assessment to the Digital Services Coordinator of establishment. Regulation (EU) 2022/2065, Article 40, Article 40

Take a decision whether to award a researcher the status of ‘vetted researcher’ without undue delay, taking due account of the initial assessment provided by the other Digital Services Coordinator. Regulation (EU) 2022/2065, Article 40, Article 40

Issue a decision terminating data access if it determines that a vetted researcher no longer meets the conditions in paragraph 8, after allowing the researcher to react to the findings and intention to terminate. Regulation (EU) 2022/2065, Article 40, Article 40

Inform the provider of the very large online platform or very large online search engine concerned of the decision to terminate data access. Regulation (EU) 2022/2065, Article 40, Article 40

Communicate to the Board the names and contact information of vetted researchers and the purpose of their research, or communicate information regarding terminated access. Regulation (EU) 2022/2065, Article 40, Article 40

Give access without undue delay to publicly accessible data, including real-time data where technically possible, to researchers who comply with specific conditions and use data solely for research on systemic risks. Regulation (EU) 2022/2065, Article 40, Article 40

Adopt delegated acts supplementing the Regulation by laying down technical conditions for data sharing pursuant to paragraphs 1 and 4, including conditions for compliance with GDPR and relevant objective indicators. Regulation (EU) 2022/2065, Article 40, Article 40