DSA Article 41: Obligations, Deadlines & Penalties

Providers of very large online platforms or very large online search engines shall establish an independent compliance function composed of one or more compliance officers with sufficient authority, stature, resources, and access to the management body. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall ensure that compliance officers have the necessary professional qualifications, knowledge, experience, and ability to fulfil their tasks. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall ensure that the head of the compliance function is an independent senior manager with distinct responsibility for the compliance function. Regulation (EU) 2022/2065, Article 41, Article 41

The head of the compliance function shall report directly to the management body and may raise concerns or warn that body where risks or non-compliance affect or may affect the provider. Regulation (EU) 2022/2065, Article 41, Article 41

The head of the compliance function shall not be removed without prior approval of the management body. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall cooperate with the Digital Services Coordinator of establishment and the Commission for the purpose of this Regulation. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall ensure that all risks referred to in Article 34 are identified, properly reported on, and that reasonable, proportionate, and effective risk-mitigation measures are taken pursuant to Article 35. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall organise and supervise the activities of the provider relating to the independent audit pursuant to Article 37. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall inform and advise the management and employees of the provider about relevant obligations under this Regulation. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall monitor the compliance of the provider with its obligations under this Regulation. Regulation (EU) 2022/2065, Article 41, Article 41

Compliance officers shall, where applicable, monitor the compliance of the provider with commitments made under codes of conduct or crisis protocols. Regulation (EU) 2022/2065, Article 41, Article 41

Providers of very large online platforms or very large online search engines shall communicate the name and contact details of the head of the compliance function to the Digital Services Coordinator of establishment and to the Commission. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall define, oversee, and be accountable for the implementation of governance arrangements that ensure the independence of the compliance function, including division of responsibilities, prevention of conflicts of interest, and sound management of systemic risks. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall approve and review periodically, at least once a year, the strategies and policies for taking up, managing, monitoring, and mitigating the risks identified pursuant to Article 34. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall devote sufficient time to the consideration of measures related to risk management and be actively involved in decisions related to risk management. Regulation (EU) 2022/2065, Article 41, Article 41

The management body shall ensure that adequate resources are allocated to the management of the risks identified in accordance with Article 34. Regulation (EU) 2022/2065, Article 41, Article 41