SlovakiaZákon č. 264/2022 Z. z. o mediálnych službách (Act on Media Services), Digital Services Act Supervision, Information Duties and Fines
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- Give the regulator, free of charge and within the time it sets, the information and explanations it requires about a suspected infringement of Regulation (EU) 2022/2065, and give it cooperation and correct, complete and true information during supervision (Section 133b).
- Comply with an interim measure the regulator imposes, with a commitment declared binding on you, and with an action plan and the corrective measures it requires (Sections 133d, 133e, 133f and 145c).
- Comply with the provisions of Regulation (EU) 2022/2065 whose breach Section 145b(1)(a) backs with a fine of up to 6 percent of annual worldwide turnover: Article 9(1) and (5), Article 10(1) and (5), Articles 14 to 18, Article 20, Article 21(1), Article 22(1), Articles 23 to 28 and Articles 30 to 32.
- If you provide an online intermediation service or an online search engine, comply with Article 3(1), (2) and (5), Article 4, Article 5(1), (3) and (5), Article 6, Article 7(1) and (3) and Articles 8 to 12 of Regulation (EU) 2019/1150, which Section 145b(1)(b) backs with a fine of EUR 100 to EUR 50,000.
If you get it wrong
Penalty structure
Section 145b(1)(a) sets the fine for breaches of the Digital Services Act provisions it lists at up to 6 percent of annual worldwide turnover in the preceding accounting period. Section 145b(2) sets up to 1 percent for failures in supervision, Section 145b(4) caps the periodic penalty at 5 percent of average daily worldwide turnover or income, and Section 145b(1)(b) sets EUR 100 to EUR 50,000 for breaches of Regulation (EU) 2019/1150.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The regulator, the Council for Media Services (Rada pre mediálne služby), which Section 110(3)(w) charges with the tasks of the digital services coordinator and which imposes the fines under Section 145b.
What this law does
Section 110(3)(w) and (x) make the regulator, the Council for Media Services (Rada pre mediálne služby), perform the tasks of the digital services coordinator and take part in the work of the European Board for Digital Services. Section 110(3)(y) has the regulator decide on the certification of out-of-court dispute settlement bodies, on the granting, suspension and withdrawal of trusted flagger status, and on vetted researcher status and access to data.
Section 133b(1) lets the regulator require a provider of an intermediary service, and any other person acting in the course of business who may reasonably be expected to have information on a suspected infringement, to provide that information free of charge within the time the regulator sets. Section 133b(3) obliges the provider, such a person, their employees and persons acting on their behalf to give the regulator cooperation and correct, complete and true information and explanations.
Section 133d lets the regulator impose a proportionate interim measure on a provider where recipients of the service face a risk of serious harm, for up to four weeks at a time, with an objection in ten days that has no suspensive effect. Section 133e(1) lets the regulator suspend the proceedings and declare a commitment offered by a provider to ensure compliance binding on it.
Section 145b(1)(a) obliges the regulator to fine a provider of an intermediary service up to 6 percent of annual worldwide turnover in the preceding accounting period for breaching the listed provisions of Regulation (EU) 2022/2065. Section 145b(1)(b) obliges the regulator to fine a provider of online intermediation services or an online search engine EUR 100 to EUR 50,000 for breaching the listed provisions of Regulation (EU) 2019/1150.
Section 145b(2) lets the regulator fine a provider of an intermediary service up to 1 percent of annual income or worldwide turnover where it fails to give information on a suspected infringement, gives incorrect, incomplete or misleading information, does not correct it when called upon, or does not submit to supervision.
Section 145b(4) lets the regulator impose a periodic penalty of up to 5 percent of average daily worldwide turnover or income to compel a provider to give correct and complete information, submit to supervision, comply with an interim measure, a commitment or an action plan, or comply with a corrective measure.
Section 150(11) requires the regulator, where its review shows that a complaint concerns an intermediary service under the jurisdiction of another Member State's digital services coordinator, to forward the complaint to that coordinator. Section 150(13) gives the complainant and the provider of the intermediary service the right to be heard and to receive adequate information on the state of the complaint.
The amending Act of , number 203/2024 of the Collection of Laws, inserted these provisions into the Act and took effect on the day of its promulgation, , except for points 4, 5, 19 and 22 of its Article I.
When LexLint raises it
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