European UnionMarket Surveillance Regulation, Article 7(2) (cooperation of information society service providers with market surveillance authorities)
Regulation (EU) 2019/1020, Article 7(2)
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Reporting
As of .
What it requires
- It reaches you if you are an information society service provider (a provider of a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535) and a product is or was offered for sale online through your services, as on an online marketplace: when a market surveillance authority asks you to, in a specific case, cooperate with it to facilitate any action to eliminate or, if that is not possible, to mitigate the risks the product presents.
Who enforces it
Enforcement body
The market surveillance authorities of the Member States, on which Member States confer the powers of market surveillance, investigation and enforcement necessary for the application of the Regulation (Article 14(1)).
What this law does
Article 7(2) requires information society service providers to cooperate with the market surveillance authorities, at the request of those authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services.
Article 3, point (14), defines an information society service provider as a provider of a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535. Article 2(1) applies the Regulation to products that are subject to the Union harmonisation legislation listed in Annex I, in so far as that legislation holds no specific provisions with the same objective that regulate particular aspects of market surveillance and enforcement in a more specific manner.
Article 41(1) requires Member States to lay down the rules on penalties applicable to infringements of the Regulation and of the Union harmonisation legislation listed in Annex II that impose obligations on economic operators, and Article 41(2) requires those penalties to be effective, proportionate and dissuasive.
When LexLint raises it
When your app profile says your app operates an app store or operates a social platform.