SloveniaZakon o izvajanju Uredbe (EU) o enotnem trgu digitalnih storitev (ZIUETDS) (Act Implementing the Digital Services Act), Authorities, Supervision and Fines
ZIUETDS, Uradni list RS, št. 30/2024, 3., 7. do 10., 20., 21., 25. in 26. člen
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- Comply with the provisions of the Digital Services Act whose breach Article 20 of the ZIUETDS makes a misdemeanor, including Articles 9, 10, 13, 14, 16, 18, 21 to 24 and 26 to 28 and, for online platforms that allow consumers to conclude distance contracts with traders, Articles 30 to 32; for example, tell the court or authority that issued an order against illegal content, without undue delay, what effect the order has had and when it took effect (Article 9(1) of the Regulation).
- Give the authorized persons of the Agency accurate and complete information, and written explanations and documentation on request within the time they set, correct incorrect, incomplete or misleading information when asked, and allow them to carry out an inspection without obstruction (Article 21(1)).
If you get it wrong
Criminal exposureNo
Penalty structure
Article 20(1) sets the fine for a legal person at EUR 2,000 to 20,000, or EUR 50,000 to 400,000 for a medium-sized or large company, and Article 20(5) raises the fine for a particularly serious breach to up to 6 percent of annual worldwide turnover. Article 21 sets EUR 500 to 15,000, or EUR 20,000 to 50,000 for a medium-sized or large company, for non-cooperation in supervision, up to 1 percent of annual income or worldwide turnover where that breach is particularly serious. Article 10 allows a monetary penalty of up to EUR 50,000 per order.
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 400,000
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Agency for Communication Networks and Services (AKOS), which Article 3(1) charges with the tasks of the digital services coordinator and Article 7(1) with supervising the Regulation, and the Information Commissioner, which supervises Articles 26(1) and (3) and 28.
What this law does
Article 3(1) makes the Agency for Communication Networks and Services (AKOS) the body that performs the tasks of the digital services coordinator, and Article 3(2) makes the Information Commissioner (Informacijski pooblaščenec) the other competent authority under Article 49 of the Regulation. Article 7(1) has the Agency supervise the Regulation, except Articles 26(1) and (3) and 28, which the Information Commissioner supervises.
Article 8(2) lets the supervisory body, after the provider has replied or the time to reply has passed, demand that the infringement stop immediately or within a reasonable time and take appropriate and proportionate measures. Article 9(1) lets a provider of intermediary services that is subject to supervision proceedings propose commitments to ensure compliance with the relevant provisions of the Regulation.
Article 10(3) lets the supervisory body impose a monetary penalty of up to EUR 50,000 on a provider that does not follow its order. Article 10(4) lets the supervisory body repeat those penalties until their sum reaches 5 percent of average daily worldwide turnover or income per day.
Article 20(1) sets the fine for a legal person that breaches the listed provisions of the Regulation as a provider of intermediary services at EUR 2,000 to 20,000, or EUR 50,000 to 400,000 for a legal person that counts as a medium-sized or large company. Article 20(5) sets the fine for a legal person that commits a particularly serious breach, because of the damage caused, the unlawful gain or intent, at up to 6 percent of annual worldwide turnover.
Article 21(1) sets a fine of EUR 500 to 15,000, or EUR 20,000 to 50,000 for a medium-sized or large company, for giving an authorized person of the Agency incorrect, incomplete or misleading information, failing to give written explanations or documentation on request, failing to correct information, or obstructing an inspection. Article 25 ends the application of Articles 8, 9, 10 and 11 of the Zakon o elektronskem poslovanju na trgu on the day the Act takes effect. Article 26 provides that the Act takes effect on the eighth day after its publication.
When LexLint raises it
When your app profile says your app operates a social platform.