§ Digital Services Act · Article 74
DSA Article 74: Obligations, Deadlines & Penalties
At a glance
Article 74 of the DSA imposes 4 obligations on Commission, provider of very large online platform or very large online search engine, provider of very large online platform or very large online search engine or another natural or legal person referred to in Article 67(1). At least one obligation carries an explicit compliance deadline. Non-compliance may result in administrative fines or other penalties.
§ Obligations
All obligations under Article 74
Obligation 1
The Commission may impose fines not exceeding 6% of total worldwide annual turnover on providers of very large online platforms or search engines for intentional or negligent infringement of the Regulation, failure to comply with interim measures, or failure to comply with binding commitments.
Regulation (EU) 2022/2065, Article 74, Article 74
- Obligated entity
-
provider of very large online platform or very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
pay fine
- Deadline
-
—
- Penalty
-
fines not exceeding 6% of total worldwide annual turnover in the preceding financial year
Obligation 2
The Commission may impose fines not exceeding 1% of total annual income or worldwide turnover on providers of very large online platforms/search engines or other persons for supplying incorrect/misleading information, failing to reply to requests, failing to rectify information, refusing inspections, or failing to comply with measures or file access conditions.
Regulation (EU) 2022/2065, Article 74, Article 74
- Obligated entity
-
provider of very large online platform or very large online search engine or another natural or legal person referred to in Article 67(1)
- Size threshold
- very large online platform or very large online search engine
- Action required
-
pay fine
- Deadline
-
—
- Penalty
-
fines not exceeding 1% of the total annual income or worldwide turnover in the preceding financial year
Obligation 3
The Commission shall communicate its preliminary findings to the provider of the very large online platform or search engine or other person before adopting a decision imposing fines under paragraph 2.
Regulation (EU) 2022/2065, Article 74, Article 74
- Obligated entity
-
Commission
- Action required
-
communicate
- Deadline
-
before adopting the decision
- Penalty
-
—
Obligation 4
The Commission shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines under paragraph 2, the delay caused to the proceedings when fixing the amount of the fine.
Regulation (EU) 2022/2065, Article 74, Article 74
- Obligated entity
-
Commission
- Action required
-
assess
- Deadline
-
when fixing the amount of the fine
- Penalty
-
—
§ Frequently asked
Questions about Article 74
Who must comply with Article 74 of the DSA?
+
Commission, provider of very large online platform or very large online search engine, provider of very large online platform or very large online search engine or another natural or legal person referred to in Article 67(1).
What does Article 74 of the DSA require?
+
pay fine communicate assess
What is the compliance deadline for DSA Article 74?
+
before adopting the decision; when fixing the amount of the fine
What are the penalties for non-compliance with DSA Article 74?
+
fines not exceeding 1% of the total annual income or worldwide turnover in the preceding financial year; fines not exceeding 6% of total worldwide annual turnover in the preceding financial year