LuxembourgLoi du 4 avril 2025 portant mise en oeuvre du règlement (UE) 2022/2065 (Law of 4 April 2025 Implementing the Digital Services Act), Coordinator, Powers and Fines
Loi du 4 avril 2025 portant mise en oeuvre du règlement (UE) 2022/2065, Mémorial A n° 125 de 2025
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- Comply with Articles 9 to 18, 20 to 28 and 30 to 32 of the Digital Services Act to the extent that Article 15(2) of the Loi du 4 avril 2025 sets a fine of up to 6 percent of worldwide turnover for their breach.
- Answer an information request or decision of the Autorité de concurrence with accurate and complete information within the time it sets, correct incorrect, incomplete or misleading information within the time it sets, and submit to an inspection it orders (Articles 6, 7 and 15(3)).
If you get it wrong
Penalty structure
Article 15(2) sets the maximum fine at 6 percent of worldwide turnover in the last closed financial year and Article 15(3) sets it at 1 percent for incorrect information, a failure to answer or rectify, or a refusal of an inspection. Article 16(1) caps a daily penalty payment at 5 percent of average daily worldwide turnover.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Autorité de concurrence (Competition Authority), the digital services coordinator under Article 2(1), which acts through its President and, for action plans, temporary restrictions, fines and penalty payments, through its three-member Collège under Article 2(3).
What this law does
Article 2(1) designates the Autorité de concurrence (Competition Authority) as the competent authority and the digital services coordinator for the purposes of Regulation (EU) 2022/2065. Article 6(1) lets the Authority require a provider of intermediary services, and any other person acting for the purposes of a trade, business, craft or profession who is reasonably likely to know of relevant information, to provide information without delay.
Article 7(1) requires the Authority to apply to the investigating judge of the Luxembourg district court for authorization before it carries out an inspection. Article 14(1) lets the Authority order the management body of a provider of intermediary services to examine the situation, adopt and submit an action plan, ensure the measures are taken and report on them.
Article 15(2) sets the maximum fine at 6 percent of worldwide turnover in the last closed financial year for a breach of the listed provisions of Regulation (EU) 2022/2065. Article 15(3) sets the maximum fine at 1 percent of worldwide turnover where a provider or other person gives incorrect, incomplete or misleading information, fails to answer an information decision, fails to rectify information or refuses an inspection.
Article 16(1) lets the Authority impose daily penalty payments of up to 5 percent of average daily worldwide turnover to compel a provider to supply information, submit to an inspection, appear, or respect a cessation order or interim measures. Article 30 repeals title VI of the amended Act of on electronic commerce. The Act took effect on .
When LexLint raises it
When your app profile says your app operates a social platform.