European UnionDigital Services Act (DSA), Article 43 (Supervisory fee)
Regulation (EU) 2022/2065, Article 43
In force since .
A transparency and process rule binding private bodies.
As of .
What it requires
- If the Commission designates your online platform or online search engine as a very large online platform or very large online search engine under Article 33(4), the Commission charges you the annual supervisory fee below upon your designation (Article 43(1)).
- Pay the annual supervisory fee the Commission charges you for each service for which you have been designated, in the amount the Commission establishes by implementing act and under the detailed payment arrangements laid down in the delegated act on the methodology and procedures for the fees.
If you get it wrong
Private right of actionYes
Penalty structure
Article 74(1) lets the Commission fine the provider of a very large online platform or very large online search engine, where it finds that the provider intentionally or negligently infringes the relevant provisions of the Regulation, up to 6 % of its total worldwide annual turnover in the preceding financial year. Article 74(2) caps the fine for supplying incorrect, incomplete or misleading information, failing to reply, failing to rectify information or refusing an inspection at 1 % of the total annual income or worldwide turnover in the preceding financial year.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The European Commission, which has exclusive powers to supervise and enforce Section 5 of Chapter III (Article 56(2)).
What it reaches
Obligation class
Licensing
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a number of average monthly active recipients of the service in the Union equal to or higher than 45 million
- designated as very large online platforms or very large online search engines pursuant to paragraph 4
What this law does
Article 43(1) requires the Commission to charge providers of very large online platforms and of very large online search engines an annual supervisory fee upon their designation pursuant to Article 33. A provider is charged annually a supervisory fee for each service for which it has been designated, in the amount the Commission establishes by implementing act for each provider.
The fee must be proportionate to the number of average monthly active recipients in the Union of each very large online platform or very large online search engine, and the overall amount charged on a given provider is capped at 0.05 % of its worldwide annual net income in the preceding financial year. Article 43(4) has the Commission adopt delegated acts laying down the detailed methodology and procedures for determining the fees, including the detailed arrangements necessary to make payments.
When LexLint raises it
When your app profile says your app reuses other publishers' content or operates a social platform.