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keyboard_tab Digital Service Act 2022/2065 EN

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2022/2065 EN cercato: 'initiating' . Output generated live by software developed by IusOnDemand srl


expand index initiating:

    CHAPTER I
    GENERAL PROVISIONS

    CHAPTER II
    LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES

    CHAPTER III
    DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT

    SECTION 1
    Provisions applicable to all providers of intermediary services

    SECTION 2
    Additional provisions applicable to providers of hosting services, including online platforms

    SECTION 3
    Additional provisions applicable to providers of online platforms

    SECTION 4
    Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders

    SECTION 5
    Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
  • 2 Art. 35 Mitigation of risks

    • SECTION 6
    Other provisions concerning due diligence obligations

    CHAPTER IV
    IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT

    SECTION 1
    Competent authorities and national Digital Services Coordinators

    SECTION 2
    Competences, coordinated investigation and consistency mechanisms

    SECTION 3
    European Board for Digital Services

    SECTION 4
    Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
  • 1 Art. 65 Enforcement of obligations of providers of very large online platforms and of very large online search engines

    • SECTION 5
    Common provisions on enforcement

    SECTION 6
    Delegated and implementing acts

    CHAPTER V
    FINAL PROVISIONS


whereas initiating:


definitions:


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Article 35

Mitigation of risks

1.   Providers of very large online_platforms and of very large online_search_engines shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 34, with particular consideration to the impacts of such measures on fundamental rights. Such measures may include, where applicable:

(a)

adapting the design, features or functioning of their services, including their online_interfaces;

(b)

adapting their terms_and_conditions and their enforcement;

(c)

adapting content_moderation processes, including the speed and quality of processing notices related to specific types of illegal_content and, where appropriate, the expeditious removal of, or the disabling of access to, the content notified, in particular in respect of illegal hate speech or cyber violence, as well as adapting any relevant decision-making processes and dedicated resources for content_moderation;

(d)

testing and adapting their algorithmic systems, including their recommender_systems;

(e)

adapting their advertising systems and adopting targeted measures aimed at limiting or adjusting the presentation of advertisements in association with the service they provide;

(f)

reinforcing the internal processes, resources, testing, documentation, or supervision of any of their activities in particular as regards detection of systemic risk;

(g)

initiating or adjusting cooperation with trusted flaggers in accordance with Article 22 and the implementation of the decisions of out-of-court dispute settlement bodies pursuant to Article 21;

(h)

initiating or adjusting cooperation with other providers of online_platforms or of online_search_engines through the codes of conduct and the crisis protocols referred to in Articles 45 and 48 respectively;

(i)

taking awareness-raising measures and adapting their online_interface in order to give recipients of the service more information;

(j)

taking targeted measures to protect the rights of the child, including age verification and parental control tools, tools aimed at helping minors signal abuse or obtain support, as appropriate;

(k)

ensuring that an item of information, whether it constitutes a generated or manipulated image, audio or video that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful is distinguishable through prominent markings when presented on their online_interfaces, and, in addition, providing an easy to use functionality which enables recipients of the service to indicate such information.

2.   The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year. The reports shall include the following:

(a)

identification and assessment of the most prominent and recurrent systemic risks reported by providers of very large online_platforms and of very large online_search_engines or identified through other information sources, in particular those provided in compliance with Articles 39, 40 and 42;

(b)

best practices for providers of very large online_platforms and of very large online_search_engines to mitigate the systemic risks identified.

Those reports shall present systemic risks broken down by the Member States in which they occurred and in the Union as a whole, as applicable.

3.   The Commission, in cooperation with the Digital Services Coordinators, may issue guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.

Article 65

Enforcement of obligations of providers of very large online_platforms and of very large online_search_engines

1.   For the purposes of investigating compliance of providers of very large online_platforms and of very large online_search_engines with the obligations laid down in this Regulation, the Commission may exercise the investigatory powers laid down in this Section even before initiating proceedings pursuant to Article 66(2). It may exercise those powers on its own initiative or following a request pursuant to paragraph 2 of this Article.

2.   Where a Digital Services Coordinator has reason to suspect that a provider of a very large online_platform or of a very large online_search_engine has infringed the provisions of Section 5 of Chapter III or has systemically infringed any of the provisions of this Regulation in a manner that seriously affects recipients of the service in its Member State, it may send, through the information sharing system referred to in Article 85, a request to the Commission to assess the matter.

3.   A request pursuant to paragraph 2 shall be duly reasoned and at least indicate:

(a)

the point of contact of the provider of the very large online_platform or of the very large online_search_engine concerned as provided for in Article 11;

(b)

a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Digital Services Coordinator that sent the request suspects that the provider of the very large online_platforms or of the very large online_search_engine concerned infringed this Regulation, including a description of the facts that show that the suspected infringement is of a systemic nature;

(c)

any other information that the Digital Services Coordinator that sent the request considers relevant, including, where appropriate, information gathered on its own initiative.

whereas
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