NetherlandsUitvoeringswet digitaledienstenverordening (Digital Services Act Implementation Act), Chapters 2 and 3, Supervision and Enforcement
Uitvoeringswet digitaledienstenverordening, arts. 2.1-2.9 and 3.1-3.7
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- Comply with the Digital Services Act articles that Article 2.2(1) of the Uitvoeringswet digitaledienstenverordening places under the supervision and enforcement powers of the Authority for Consumers and Markets (ACM): Articles 9(1) and (5), 10(1) and (5), 11, 12, 13(1), (2) and (4), 14, 15(1), 16(1), (2), (4), (5) and (6), 17(1), (3) and (4), 18, 20(1), (3), (4), (5) and (6), 21(1) (second subparagraph), 21(2) (first subparagraph), 21(4) and (5), 22(1), (3) and (6) (first sentence), 23, 24(1), (2), (3) and (5), 25(1), 26(1) and (2), 28(1), 30, 31 and 32.
- Comply with Articles 26(3), 27 and 28(2) of the Digital Services Act, which Article 3.2(1) places under the supervision and enforcement powers of the Data Protection Authority (Autoriteit persoonsgegevens, AP).
- Act in accordance with an independent order (zelfstandige last) that the ACM imposes on you under Article 2.5(1), in the form of an interim measure under Article 51(2)(e) of the Digital Services Act or a measure under Article 51(3)(a) or (b), or that the AP imposes on you under Article 3.6(2), in the form of an interim measure under Article 51(2)(e) or a measure under Article 51(3)(a). An ACM order under Article 2.5(1)(c) needs the prior authorization of the examining judge.
- If the AP has declared a commitment of yours binding under Article 3.5, act in accordance with that decision.
If you get it wrong
Penalty structure
Articles 2.3(1) and 3.3(1) set the maximum administrative fine at the amount named in Article 52(3) of the Digital Services Act, which states it as 6 % of the provider's annual worldwide turnover in the preceding financial year, and as 1 % of annual income or worldwide turnover for supplying incorrect, incomplete or misleading information, failing to reply or rectify it, or failing to submit to an inspection. Articles 2.4(1) and 3.4(1) set the maximum penalty payment under an order at the amount named in Article 52(4), which states it as 5 % of average daily worldwide turnover or income per day.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Authority for Consumers and Markets (Autoriteit Consument en Markt), the digital services coordinator, which Article 2.2(1) charges with supervising the listed articles of the Digital Services Act and which Articles 2.3 and 2.4 empower to fine and to order penalty payments; the Data Protection Authority (Autoriteit persoonsgegevens) for Articles 26(3), 27 and 28(2) (Articles 3.2 to 3.4).
What this law does
Article 2.1 makes the Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM) both a competent authority and the digital services coordinator under Article 49 of the Digital Services Act. Article 2.2(1) charges the ACM with supervising compliance with a list of articles of the Digital Services Act, among them Articles 11, 12, 14, 18, 23, 30, 31 and 32 in full and parts of Articles 9, 10, 13, 15, 16, 17, 20, 21, 22, 24, 25, 26 and 28.
Article 2.3(1) lets the ACM impose an administrative fine of at most the amount named in Article 52(3) of the Digital Services Act to enforce those provisions. Article 52(3) of the Digital Services Act, to which that text refers, states the maximum fine as 6 % of the provider's annual worldwide turnover in the preceding financial year. Article 2.4(1) lets the ACM impose an order subject to a penalty payment of at most the amount named in Article 52(4) of the Digital Services Act.
Article 2.5(1) lets the ACM impose an independent order (zelfstandige last) on a provider of an intermediary service in the form of an interim measure under Article 51(2)(e), or a measure under Article 51(3)(a) or (b), of the Digital Services Act. Article 2.5(2) requires the addressee of such an order to act in accordance with it.
An independent order under Article 2.5(1)(c) requires the prior authorization of the examining judge (rechter-commissaris) of the criminal division of the Rotterdam court. Article 2.6a requires the ACM to publish each year an overview of the number of reports under Article 53 of the Digital Services Act that it has received, per subject of that Regulation.
Article 2.9(1) has the Data Protection Authority (Autoriteit persoonsgegevens, AP) advise the ACM on whether an application under Article 40(8) of the Digital Services Act meets the condition in Article 40(8)(d) that the applicant is able to protect personal data. Article 3.1(1) makes the AP a competent authority under Article 49(1) of the Digital Services Act. Article 3.2(1) charges the AP with supervising compliance with Articles 26(3), 27 and 28(2) of the Digital Services Act.
Article 3.3(1) lets the AP impose an administrative fine of at most the amount named in Article 52(3) of the Digital Services Act to enforce those articles. Article 3.4(1) lets the AP impose an order subject to a penalty payment of at most the amount named in Article 52(4) of the Digital Services Act. Under Article 3.5(1), the AP's power to impose a fine or a penalty payment lapses where, at the provider's request, the AP declares a commitment made by that provider binding.
Article 3.5(5) requires the provider to act in accordance with that decision. Article 3.6(3) requires the addressee of an independent order of the AP to act in accordance with it. Article 5.4 repeals Article 196c of Book 6 of the Civil Code (Burgerlijk Wetboek). Article 5.3 replaces the reference in Article 29e of the Auteurswet to Article 196c(4) of Book 6 of the Civil Code with a reference to Article 6(1) of the Digital Services Act.
An act of inserts into Article 2.2 the ACM's supervision of Articles 7(1), 7(2) and 8 of Regulation (EU) 2024/1028 on short-term rental data. Article IV of that act provides that it enters into force on a day to be set by royal decree.
When LexLint raises it
When your app profile says your app operates a social platform.