§ Digital Services Act · Article 82
DSA Article 82: Obligations, Deadlines & Penalties
At a glance
Article 82 of the DSA imposes 8 obligations on Commission, national court. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 82
Obligation 1
The Commission shall invite interested parties to submit written observations within a period of not less than 14 working days, describing the measures it intends to request and identifying the intended addressee.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
Commission
- Action required
-
invite
- Deadline
-
14 working days
- Penalty
-
—
Obligation 2
Where all powers to bring about the cessation of an infringement have been exhausted and serious harm persists, the Commission may request the Digital Services Coordinator to act pursuant to Article 51(3).
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
Commission
- Action required
-
request
- Deadline
-
—
- Penalty
-
—
Obligation 3
The Commission may submit written observations to the competent judicial authority referred to Article 51(3) where coherent application of the Regulation so requires.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
Commission
- Action required
-
submit
- Deadline
-
—
- Penalty
-
—
Obligation 4
With the permission of the judicial authority, the Commission may make oral observations.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
Commission
- Action required
-
make
- Deadline
-
—
- Penalty
-
—
Obligation 5
For the purpose of preparing observations, the Commission may request the judicial authority to transmit or ensure the transmission of any documents necessary for the assessment of the case.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
Commission
- Action required
-
request
- Deadline
-
—
- Penalty
-
—
Obligation 6
When a national court rules on a matter already subject to a Commission decision, that national court shall not take any decision which runs counter to that Commission decision.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
national court
- Action required
-
not take
- Deadline
-
—
- Penalty
-
—
Obligation 7
National courts shall avoid taking decisions which could conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
national court
- Action required
-
avoid
- Deadline
-
—
- Penalty
-
—
Obligation 8
To avoid conflict with Commission decisions, a national court may assess whether it is necessary to stay its proceedings.
Regulation (EU) 2022/2065, Article 82, Article 82
- Obligated entity
-
national court
- Action required
-
assess
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 82
Who must comply with Article 82 of the DSA?
+
Commission, national court.
What does Article 82 of the DSA require?
+
invite request submit
What is the compliance deadline for DSA Article 82?
+
14 working days