§ Digital Services Act · Article 91
DSA Article 91: Obligations, Deadlines & Penalties
At a glance
Article 91 of the DSA imposes 10 obligations on Board, Commission, Member States. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 91
Obligation 1
The Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on the potential effect of the Regulation on the development and economic growth of small and medium-sized enterprises.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
evaluate and report
- Deadline
-
18 February 2027
- Penalty
-
—
Obligation 2
The Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on the application of Article 33, including the scope of providers of intermediary services covered by the obligations set out in Section 5 of Chapter III.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
evaluate and report
- Deadline
-
17 November 2025
- Penalty
-
—
Obligation 3
The Commission shall evaluate and report to the European Parliament, the Council and the European Economic and Social Committee on the way that this Regulation interacts with other legal acts, in particular the acts referred to in Article 2(3) and (4).
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
evaluate and report
- Deadline
-
17 November 2025
- Penalty
-
—
Obligation 4
The Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee, addressing specific aspects including internal market functioning, application of specific articles, and impact on freedom of expression.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
evaluate and report
- Deadline
-
17 November 2027, and every five years thereafter
- Penalty
-
—
Obligation 5
Where appropriate, the report referred to in paragraphs 1 and 2 shall be accompanied by a proposal for amendment of this Regulation.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
propose amendment
- Deadline
-
—
- Penalty
-
—
Obligation 6
The Commission shall evaluate and report on the annual reports on their activities by the Digital Services Coordinators provided to the Commission and the Board pursuant to Article 55(1).
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
evaluate and report
- Deadline
-
17 November 2027, and every five years thereafter
- Penalty
-
—
Obligation 7
Member States and the Board shall send information on the request of the Commission for the purpose of the evaluation in paragraph 2.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Member States, Board
- Action required
-
send information
- Deadline
-
—
- Penalty
-
—
Obligation 8
The Commission shall take into account the positions and findings of the European Parliament, the Council, and other relevant bodies or sources, and shall pay specific attention to small and medium-sized enterprises and the position of new competitors when carrying out the evaluations.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
take into account
- Deadline
-
—
- Penalty
-
—
Obligation 9
The Commission, after consulting the Board, shall carry out an assessment of the functioning of the Board and of the application of Article 43, and shall report it to the European Parliament, the Council and the European Economic and Social Committee.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
assess and report
- Deadline
-
18 February 2027
- Penalty
-
—
Obligation 10
Where appropriate, the report on the functioning of the Board shall be accompanied by a proposal for amendment of this Regulation with regard to the structure of the Board.
Regulation (EU) 2022/2065, Article 91, Article 91
- Obligated entity
-
Commission
- Action required
-
propose amendment
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 91
Who must comply with Article 91 of the DSA?
+
Board, Commission, Member States.
What does Article 91 of the DSA require?
+
evaluate and report propose amendment send information
What is the compliance deadline for DSA Article 91?
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17 November 2025; 17 November 2027, and every five years thereafter; 18 February 2027