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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

P501

(c) refuse to submit to an on-site inspection pursuant to Article 54.

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P502

3.Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1).

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P503

4.In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.

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P504

Article 60 Periodic penalty payments

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P505

1.The Commission may, by decision, impose on the very large online platform concerned or other person referred to in Article 52(1), as applicable, periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:

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P506

(a) supply correct and complete information in response to a decision requiring information pursuant to Article 52;

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P507

(b) submit to an on-site inspection which it has ordered by decision pursuant to Article 54;

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P508

(c) comply with a decision ordering interim measures pursuant to Article 55(1);

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P509

(d) comply with commitments made legally binding by a decision pursuant to Article 56(1);

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P510

(e) comply with a decision pursuant to Article 58(1).

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P511

2. Where the very large online platform concerned or other person referred to in Article 52(1) has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision.

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P512

Article 61 Limitation period for the imposition of penalties

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P513

1.The powers conferred on the Commission by Articles 59 and 60 shall be subject to a limitation period of five years.

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P514

2. Time shall begin to run on the day on which the infringement is committed.

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P515

However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases.

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P516

3.Any action taken by the Commission or by the Digital Services Coordinator for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. Actions which interrupt the limitation period shall include, in particular, the following:

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P517

(a) requests for information by the Commission or by a Digital Services Coordinator;

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P518

(b) on-site inspection;

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P519

(c) the opening of a proceeding by the Commission pursuant to Article 51(2).

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P520

4.Each interruption shall start time running afresh. However, the limitation period for the imposition of fines or periodic penalty payments shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period is suspended pursuant to paragraph 5.

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