The final text of the Digital Services Act (DSA)




Article 10, Orders to provide information - the Digital Services Act (DSA)


1. Upon receipt of an order to provide specific information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary services shall, without undue delay inform the authority issuing the order, or any other authority specified in the order, of its receipt and of the effect given to the order, specifying if and when effect was given to the order.


2. Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:


(a) that order contains the following elements:

(i) a reference to the legal basis under Union or national law for the order;

(ii) information identifying the issuing authority;

(iii) clear information enabling the provider of intermediary services to identify the specific recipient or recipients on whom information is sought, such as one or more account names or unique identifiers;

(iv) a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union law or national law in compliance with Union law, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;

(v) information about redress mechanisms available to the provider and to the recipients of the service concerned;

(vi) where applicable, information about which authority is to receive the information about the effect given to the orders;


(b) that order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control;


(c) that order is transmitted in one of the languages declared by the provider of intermediary services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and the provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph.


3. The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.


4. After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all Digital Services Coordinators through the system established in accordance with Article 85.


5. At the latest when effect is given to the order, or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary services shall inform the recipient of the service concerned of the order received and the effect given to it. Such information provided to the recipient of the service shall include a statement of reasons and the possibilities for redress that exist, in accordance with paragraph 2.


6. The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.



Note: This is the final text of the Digital Services Act. The full name is "Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)".



Contact us

Cyber Risk GmbH
Dammstrasse 16
8810 Horgen
Tel: +41 79 505 89 60
Email: george.lekatis@cyber-risk-gmbh.com








Web: https://www.cyber-risk-gmbh.com









We process and store data in compliance with both, the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). The service provider is Hostpoint. The servers are located in the Interxion data center in Zürich, the data is saved exclusively in Switzerland, and the support, development and administration activities are also based entirely in Switzerland.


Understanding Cybersecurity in the European Union.

1. The NIS 2 Directive

2. The European Cyber Resilience Act

3. The Digital Operational Resilience Act (DORA)

4. The Critical Entities Resilience Directive (CER)

5. The Digital Services Act (DSA)

6. The Digital Markets Act (DMA)

7. The European Health Data Space (EHDS)

8. The European Chips Act

9. The European Data Act

10. European Data Governance Act (DGA)

11. The Artificial Intelligence Act

12. The European ePrivacy Regulation

13. The European Cyber Defence Policy

14. The Strategic Compass of the European Union

15. The EU Cyber Diplomacy Toolbox