The final text of the Digital Services Act (DSA)
Article 74, Fines - the Digital Services Act (DSA)
1. In the decision referred to in Article 73, the Commission may impose on the provider of the very large online platform or of the very large online search engine concerned fines not exceeding 6 % of its total worldwide annual turnover in the preceding financial year where it finds that the provider, intentionally or negligently:
(a) infringes the relevant provisions of this Regulation;
(b) fails to comply with a decision ordering interim measures under Article 70; or
(c) fails to comply with a commitment made binding by a decision pursuant to Article 71.
2. The Commission may adopt a decision imposing on the provider of the very large online platform or of the very large online search engine concerned or on another natural or legal person referred to in Article 67(1) fines not exceeding 1 % of the total annual income or worldwide turnover in the preceding financial year, where they intentionally or negligently:
(a) supply incorrect, incomplete or misleading information in response to a simple request or request by a decision pursuant to Article 67;
(b) fail to reply to the request for information by decision within the set period;
(c) fail to rectify within the period set by the Commission, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;
(d) refuse to submit to an inspection pursuant to Article 69;
(e) fail to comply with the measures adopted by the Commission pursuant to Article 72; or
(f) fail to comply with the conditions for access to the Commission’s file pursuant to Article 79(4).
3. Before adopting the decision pursuant to paragraph 2 of this Article, 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 or to another person referred to in Article 67(1).
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.
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)".
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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.
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)
10. European Data Governance Act (DGA)
11. The Artificial Intelligence Act
12. The European ePrivacy Regulation
13. The European Cyber Defence Policy