Hungary2023. évi CIV. törvény az internetes közvetítő szolgáltatások egyes szabályairól (Act CIV of 2023 on Intermediary Services), Coordinator, Supervisory Fee, Data Orders and Fines
2023. évi CIV. törvény, 1., 4., 9., 10., 12., 16. és 21/A. §
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- If you are an online platform provider established in Hungary and not exempt, pay the supervisory fee the President's decree sets, and report to the President by 31 May each year your net revenue from services under the Regulation for the preceding business year (Section 4).
- Supply the data the President orders by decision, and keep it accurate, current and verifiable, including data supplied periodically, continuously or by remote access (Section 12).
- Comply with an interim measure the President imposes, and with an order to end an infringement or to publish a notice or decision on your home page (Sections 9 and 16(7)).
- If you are an online intermediation service or online search engine provider, comply with Regulation (EU) 2019/1150, whose supervision Section 21/A gives to the President.
If you get it wrong
Penalty structure
Section 16(9) caps the fine at 6 percent of global annual turnover in the preceding financial year and the daily fine at 5 percent of average daily global turnover or income. Section 12(9) sets the fine for failing to supply ordered data at up to 6 percent, Section 21/A(5) sets 6 percent for breaches of Regulation (EU) 2019/1150, and Section 8(2) caps a procedural fine at 1 percent.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The President of the National Media and Infocommunications Authority (Nemzeti Média- és Hírközlési Hatóság), who supervises compliance with the digital service rules by intermediary service providers under Section 10(1).
What this law does
Section 1(1) applies the Act to intermediary services provided by a provider established in Hungary and to intermediary services directed at Hungary. Section 2(1) point 1 counts the decisions of the President of the National Media and Infocommunications Authority (Nemzeti Média- és Hírközlési Hatóság), called the President, among the rules on digital services.
Section 4(1) requires online platform providers established in Hungary to pay a supervisory fee of no more than 0.35 percent of their net revenue from services under the Regulation in the preceding business year. Section 4(5) exempts micro and small enterprises and providers whose net revenue from services under the Regulation does not reach HUF 100 million.
Section 9 lets the President impose an interim measure, lasting until the proceedings close but no more than 90 days, to avert the risk of serious and imminent harm to a wide range of service recipients. Section 10(3) lets anyone file a complaint with the President about a breach of the Regulation or the Act by an intermediary service provider.
Section 12(9) provides that a provider that fails to meet an obligation to supply data under Section 12(1) to (5) is fined up to 6 percent of its global annual turnover in the preceding financial year. Section 16(7) lets the President order an infringing provider to stop the infringement, order it to publish a notice or the decision on its home page, or impose a fine.
Section 16(9) caps that fine at 6 percent of the provider's global annual turnover in the preceding financial year, and the daily fine at 5 percent of its average daily global turnover or income. Section 21/A(5) caps the fine for a breach of Regulation (EU) 2019/1150 by an online intermediation service provider or online search engine provider at 6 percent of its global annual turnover in the preceding financial year. Section 23(1) provides that the Act takes effect on .
When LexLint raises it
When your app profile says your app operates a social platform.