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Digital Services Act

Starting: 06 Jan Ending

0 days left (ends 05 Feb)

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Status: Closed
Privacy: Public
Dr. Patrick Breyer. Digitaler Freiheitskämpfer und Europaabgeordneter der Piratenpartei. MEP for Piratenpartei and the European Pirate Party. Homepage: https://www.patrick-breyer.de

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<< Previous paragraphs

P481

Article 57 Monitoring actions

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P482

1.For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, its databases and algorithms.

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P483

2.The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission in monitoring compliance with the relevant provisions of this Regulation and to provide specific expertise or knowledge to the Commission.

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P484

Article 58 Non-compliance

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P485

1.The Commission shall adopt a non-compliance decision where it finds that the very large online platform concerned does not comply with one or more of the following:

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P486

(a) the relevant provisions of this Regulation;

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P487

(b) interim measures ordered pursuant to Article 55;

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P488

(c) commitments made binding pursuant to Article 56,

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P489

2.Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the very large online platform concerned. In the preliminary findings, the Commission shall explain the measures that it considers taking, or that it considers that the very large online platform concerned should take, in order to effectively address the preliminary findings.

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P490

3.In the decision adopted pursuant to paragraph 1 the Commission shall order the very large online platform concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable time period and to provide information on the measures that that platform intends to take to comply with the decision.

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P491

4.The very large online platform concerned shall provide the Commission with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation.

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P492

5.Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision.

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P493

Article 59 Fines

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P494

1.In the decision pursuant to Article 58, the Commission may impose on the very large online platform concerned fines not exceeding 6% of its total turnover in the preceding financial year where it finds that that platform, intentionally or negligently:

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P495

(a) infringes the relevant provisions of this Regulation;

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P496

(b) fails to comply with a decision ordering interim measures under Article 55; or

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P497

(c) fails to comply with a voluntary measure made binding by a decision pursuant to Articles 56.

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P498

2.The Commission may by decision impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or negligently:

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P499

(a) supply incorrect, incomplete or misleading information in response to a request pursuant to Article 52 or, when the information is requested by decision, fail to reply to the request within the set time period;

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P500

(b)fail to rectify within the time period set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;

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