Article 75

Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III

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Evaluation Scenarios (2 total)

Paragraph 1

When adopting a decision pursuant to Article 73 in relation to an infringement by a provider of a very large online platform or of a very large online search engine of any of the provisions of Section 5 of Chapter III, the Commission shall make use of the enhanced supervision system laid down in this Article. When doing so, it shall take utmost account of any opinion of the Board pursuant to this Article.

No obligations: This section delegates authority to the Commission for future guidelines
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
Paragraph 2

In the decision referred to in Article 73, the Commission shall require the provider of a very large online platform or of a very large online search engine concerned to draw up and communicate, within a reasonable period specified in the decision, to the Digital Services Coordinators, the Commission and the Board an action plan setting out the necessary measures which are sufficient to terminate or remedy the infringement.

Those measures shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of the other measures, and shall specify the identity of the auditors, as well as the methodology, timing and follow-up of the audit. The measures may also include, where appropriate, a commitment to participate in a relevant code of conduct, as provided for in Article 45.

Obligations (1)
Deliver a comprehensive remediation action plan that satisfies Commission requirements within the specified deadline Priority: 65
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Remediation action plan is submitted on time with audit commitments that address the infringement
dsa-75-2-remediation-action-plan-v1
Given
  • A Commission decision under Article 73 requiring an action plan for a Section 5 infringement
  • The provider has identified responsible owners for remediation activities
When
  • Preparing and submitting the remediation action plan to the Commission, Board, and Digital Services Coordinators
Then
  • The action plan is delivered before the Commission's specified deadline and includes the full set of measures needed to terminate the infringement
  • The plan specifies the independent auditor, methodology, timing, and follow-up approach for the required Article 37 audit
  • The plan documents any relevant code of conduct commitments the provider will adopt to support remediation
Platform Types
all
Paragraph 3

Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Commission. Within one month following receipt of that opinion, the Commission shall decide whether the measures set out in the action plan are sufficient to terminate or remedy the infringement, and shall set a reasonable period for its implementation.

The possible commitment to adhere to relevant codes of conduct shall be taken into account in that decision. The Commission shall subsequently monitor the implementation of the action plan. To that end, the provider of a very large online platform or of a very large online search engine concerned shall communicate the audit report to the Commission without undue delay after it becomes available, and shall keep the Commission up to date on steps taken to implement the action plan.

The Commission may, where necessary for such monitoring, require the provider of a very large online platform or of a very large online search engine concerned to provide additional information within a reasonable period set by the Commission.

The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan, and about its monitoring thereof.

Obligations (1)
Provide audit reports, implementation updates, and any additional information requested for action plan monitoring Priority: 62
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Audit results and implementation updates are supplied promptly to support enhanced supervision
dsa-75-3-remediation-reporting-v1
Given
  • An action plan approved by the Commission under Article 75 is being implemented
  • Monitoring requires audit reporting and periodic updates
When
  • The Commission requests audit reports or follow-up information on action plan implementation
Then
  • The independent audit report is transmitted to the Commission without undue delay once available
  • Progress updates outlining measures completed and planned next steps are provided on the schedule defined by the Commission
  • Additional information requests from the Commission receive complete responses within the specified timeframe
Platform Types
all
Paragraph 4

The Commission may take necessary measures in accordance with this Regulation, in particular Article 76(1), point (e), and Article 82(1), where:

(a) the provider of the very large online platform or of the very large online search engine concerned fails to provide any action plan, the audit report, the necessary updates or any additional information required, within the applicable period;
(b) the Commission rejects the proposed action plan because it considers that the measures set out therein are insufficient to terminate or remedy the infringement; or
(c) the Commission considers, on the basis of the audit report, any updates or additional information provided or any other relevant information available to it, that the implementation of the action plan is insufficient to terminate or remedy the infringement.
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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