§ Digital Services Act · Article 69
DSA Article 69: Obligations, Deadlines & Penalties
At a glance
Article 69 of the DSA imposes 10 obligations on Commission, Digital Services Coordinator, Member State and 3 other entity type(s). At least one obligation carries an explicit compliance deadline. Non-compliance may result in administrative fines or other penalties.
§ Obligations
All obligations under Article 69
Obligation 1
The provider of a very large online platform or very large online search engine must submit to an inspection ordered by a decision of the Commission.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
provider of very large online platform or very large online search engine
- Size threshold
- very large
- Sector scope
- online platforms and search engines
- Action required
-
submit to inspection
- Deadline
-
—
- Penalty
-
penalties provided for in Articles 74 and 76
Obligation 2
The provider of a very large online platform or very large online search engine must provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices during an inspection.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
provider of very large online platform or very large online search engine
- Size threshold
- very large
- Sector scope
- online platforms and search engines
- Action required
-
provide access and explanations
- Deadline
-
—
- Penalty
-
penalties provided for in Articles 74 and 76
Obligation 3
The provider of a very large online platform or very large online search engine must record or document the explanations given regarding its organisation, functioning, IT system, algorithms, data-handling and business practices.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
provider of very large online platform or very large online search engine
- Size threshold
- very large
- Sector scope
- online platforms and search engines
- Action required
-
document
- Deadline
-
—
- Penalty
-
penalties provided for in Articles 74 and 76
Obligation 4
Representatives or members of staff of the provider of a very large online platform or very large online search engine must provide explanations on facts or documents relating to the subject-matter and purpose of the inspection.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
representative or member of staff of provider of very large online platform or very large online search engine
- Size threshold
- very large
- Sector scope
- online platforms and search engines
- Action required
-
provide explanations
- Deadline
-
—
- Penalty
-
penalties provided for in Articles 74 and 76
Obligation 5
The Commission must inform the Digital Services Coordinator of the Member State in the territory in which the inspection is to be conducted in good time before the inspection.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
Commission
- Action required
-
notify
- Deadline
-
in good time before the inspection
- Penalty
-
—
Obligation 6
The Commission must consult the Digital Services Coordinator of the Member State on the territory of which the inspection is to be conducted prior to taking a decision ordering an inspection.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
Commission
- Action required
-
consult
- Deadline
-
prior to taking that decision
- Penalty
-
—
Obligation 7
Officials of the Digital Services Coordinator must actively assist the officials and other accompanying persons authorised by the Commission in relation to the inspection at the request of the Digital Services Coordinator or the Commission.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
Digital Services Coordinator
- Action required
-
assist
- Deadline
-
—
- Penalty
-
—
Obligation 8
The Member State in the territory of which the inspection is to be conducted must afford necessary assistance, including coercive measures if appropriate, to enable the Commission to conduct the inspection if the provider opposes it.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
Member State
- Action required
-
assist
- Deadline
-
—
- Penalty
-
—
Obligation 9
The Digital Services Coordinator of the Member State must apply for authorisation from a national judicial authority if the assistance required for the inspection necessitates such authorisation under national law.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
Digital Services Coordinator
- Action required
-
apply for authorisation
- Deadline
-
—
- Penalty
-
—
Obligation 10
The national judicial authority must verify that the Commission decision ordering the inspection is authentic and that the coercive measures envisaged are neither arbitrary nor excessive.
Regulation (EU) 2022/2065, Article 69, Article 69
- Obligated entity
-
national judicial authority
- Action required
-
verify
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 69
Who must comply with Article 69 of the DSA?
+
Commission, Digital Services Coordinator, Member State, national judicial authority, provider of very large online platform or very large online search engine, representative or member of staff of provider of very large online platform or very large online search engine.
What does Article 69 of the DSA require?
+
submit to inspection provide access and explanations document
What is the compliance deadline for DSA Article 69?
+
in good time before the inspection; prior to taking that decision
What are the penalties for non-compliance with DSA Article 69?
+
penalties provided for in Articles 74 and 76