§ Digital Services Act · Article 75
DSA Article 75: Obligations, Deadlines & Penalties
At a glance
Article 75 of the DSA imposes 12 obligations on Board, Commission, provider of a very large online platform or of a very large online search engine. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 75
Obligation 1
The Commission shall make use of the enhanced supervision system when adopting a decision pursuant to Article 73 regarding infringements by VLOPs or VLOSEs of Section 5 of Chapter III, taking utmost account of any opinion of the Board.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
supervise
- Deadline
-
—
- Penalty
-
—
Obligation 2
The Commission shall require the provider of a VLOP or VLOSE to draw up and communicate an action plan setting out measures to terminate or remedy the infringement, including an independent audit commitment, within a reasonable period specified in the decision.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
require
- Deadline
-
—
- Penalty
-
—
Obligation 3
The provider of a VLOP or VLOSE shall draw up and communicate an action plan to the Digital Services Coordinators, the Commission, and the Board within a reasonable period specified in the decision, detailing measures to remedy the infringement.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
provider of a very large online platform or of a very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
draw up and communicate
- Deadline
-
within a reasonable period specified in the decision
- Penalty
-
—
Obligation 4
The action plan shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of other measures, specifying the identity of auditors, methodology, timing, and follow-up.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
provider of a very large online platform or of a very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
include
- Deadline
-
—
- Penalty
-
—
Obligation 5
The Board shall communicate its opinion on the action plan to the Commission within one month following receipt of the action plan.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Board
- Action required
-
communicate
- Deadline
-
within one month following receipt of the action plan
- Penalty
-
—
Obligation 6
The Commission shall decide whether the measures in the action plan are sufficient to terminate or remedy the infringement within one month following receipt of the Board's opinion, and shall set a reasonable period for implementation.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
decide
- Deadline
-
within one month following receipt of that opinion
- Penalty
-
—
Obligation 7
The Commission shall subsequently monitor the implementation of the action plan.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
monitor
- Deadline
-
—
- Penalty
-
—
Obligation 8
The provider of a VLOP or VLOSE shall communicate the audit report to the Commission without undue delay after it becomes available.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
provider of a very large online platform or of a very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
communicate
- Deadline
-
without undue delay after it becomes available
- Penalty
-
—
Obligation 9
The provider of a VLOP or VLOSE shall keep the Commission up to date on steps taken to implement the action plan.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
provider of a very large online platform or of a very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
keep up to date
- Deadline
-
—
- Penalty
-
—
Obligation 10
The Commission may require the provider of a VLOP or VLOSE to provide additional information within a reasonable period set by the Commission where necessary for monitoring.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
require
- Deadline
-
—
- Penalty
-
—
Obligation 11
The provider of a VLOP or VLOSE shall provide additional information within a reasonable period set by the Commission if required for monitoring purposes.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
provider of a very large online platform or of a very large online search engine
- Size threshold
- very large online platform or very large online search engine
- Action required
-
provide
- Deadline
-
within a reasonable period set by the Commission
- Penalty
-
—
Obligation 12
The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan and its monitoring thereof.
Regulation (EU) 2022/2065, Article 75, Article 75
- Obligated entity
-
Commission
- Action required
-
inform
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 75
Who must comply with Article 75 of the DSA?
+
Board, Commission, provider of a very large online platform or of a very large online search engine.
What does Article 75 of the DSA require?
+
supervise require draw up and communicate
What is the compliance deadline for DSA Article 75?
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within a reasonable period set by the Commission; within a reasonable period specified in the decision; within one month following receipt of that opinion; within one month following receipt of the action plan; without undue delay after it becomes available