Article 73

Non-compliance

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Evaluation Scenarios (1 total)

Paragraph 1

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

(a) the relevant provisions of this Regulation;
(b) interim measures ordered pursuant to Article 70;
(c) commitments made binding pursuant to Article 71.
No obligations: This section delegates authority to the Commission for future guidelines
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
Paragraph 2

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

No obligations: This section delegates authority to the Commission for future guidelines
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
Paragraph 3

In the decision adopted pursuant to paragraph 1 the Commission shall order the provider of the very large online platform or of the very large online search engine concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable period specified therein and to provide information on the measures that that provider intends to take to comply with the decision.

No obligations: This section delegates authority to the Commission for future guidelines
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
Paragraph 4

The provider of the very large online platform or of the very large online search engine 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.

Obligations (1)
Provide a comprehensive implementation report demonstrating compliance with a Commission non-compliance decision Priority: 63
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Implementation updates detail how the provider satisfied the Commission's non-compliance decision
dsa-73-4-compliance-reporting-v1
Given
  • A non-compliance decision under Article 73 orders remediation measures within a defined timeframe
  • Remediation actions have been executed by responsible teams
When
  • Reporting back to the Commission after implementing the required measures
Then
  • The provider submits the compliance report immediately after implementation, within the timeframe set by the Commission
  • The report maps each remediation measure to the specific findings in the non-compliance decision and explains how compliance was achieved
  • Supporting evidence (e.g., policies, system changes, audit results) accompanies the report to substantiate remediation
Platform Types
all
Paragraph 5

Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. The decision shall apply with immediate effect.

No obligations: This section delegates authority to the Commission for future guidelines
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
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