§ Digital Services Act · Article 48
DSA Article 48: Obligations, Deadlines & Penalties
At a glance
Article 48 of the DSA imposes 14 obligations on Board, Commission.
§ Obligations
All obligations under Article 48
Obligation 1
The Board may recommend that the Commission initiate the drawing up of voluntary crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Board
- Action required
-
recommend
- Deadline
-
—
- Penalty
-
—
Obligation 2
The Commission shall encourage and facilitate providers of very large online platforms, very large online search engines, and where appropriate other online platforms or search engines, to participate in the drawing up, testing, and application of crisis protocols.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
encourage
- Deadline
-
—
- Penalty
-
—
Obligation 3
The Commission shall aim to ensure that crisis protocols include measures such as prominently displaying information on the crisis situation provided by authorities or reliable bodies.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 4
The Commission shall aim to ensure that crisis protocols include measures ensuring that the provider of intermediary services designates a specific point of contact for crisis management.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 5
The Commission shall aim to ensure that crisis protocols include measures to adapt resources dedicated to compliance with obligations in Articles 16, 20, 22, 23, and 35 to the needs arising from the crisis situation.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 6
The Commission shall, as appropriate, involve Member States’ authorities, and may also involve Union bodies, offices, and agencies in drawing up, testing, and supervising the application of the crisis protocols.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
involve
- Deadline
-
—
- Penalty
-
—
Obligation 7
The Commission may, where necessary and appropriate, involve civil society organisations or other relevant organisations in drawing up the crisis protocols.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
involve
- Deadline
-
—
- Penalty
-
—
Obligation 8
The Commission shall aim to ensure that crisis protocols set out clearly the specific parameters to determine what constitutes the specific extraordinary circumstance the crisis protocol seeks to address and the objectives it pursues.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 9
The Commission shall aim to ensure that crisis protocols set out clearly the role of each participant and the measures they are to put in place in preparation and once the crisis protocol has been activated.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 10
The Commission shall aim to ensure that crisis protocols set out clearly a clear procedure for determining when the crisis protocol is to be activated.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 11
The Commission shall aim to ensure that crisis protocols set out clearly a clear procedure for determining the period during which the measures to be taken once the crisis protocol has been activated are to be taken, which is strictly limited to what is necessary.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 12
The Commission shall aim to ensure that crisis protocols set out clearly safeguards to address any negative effects on the exercise of the fundamental rights enshrined in the Charter.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 13
The Commission shall aim to ensure that crisis protocols set out clearly a process to publicly report on any measures taken, their duration and their outcomes, upon the termination of the crisis situation.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 14
If the Commission considers that a crisis protocol fails to effectively address the crisis situation or safeguard fundamental rights, it shall request the participants to revise the crisis protocol, including by taking additional measures.
Regulation (EU) 2022/2065, Article 48, Article 48
- Obligated entity
-
Commission
- Action required
-
request
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 48
Who must comply with Article 48 of the DSA?
+
Board, Commission.
What does Article 48 of the DSA require?
+
recommend encourage ensure