1. By 17 November 2025, and every five years thereafter, the Commission shall evaluate the application of Article 33 and report on its findings to the European Parliament, the Council and the European Economic and Social Committee. The Commission shall consult the Board and Member States for this purpose.
2. By 18 February 2027, the Commission shall evaluate and report on the potential effect of this Regulation on the development and economic growth of small and medium-sized enterprises and on the economic functioning of the Board and report to the European Parliament, the Council and the European Economic and Social Committee.
3. By 17 November 2027, and every 5 years thereafter, the Commission shall evaluate this Regulation and report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The reports shall, in particular, include an evaluation of: (a) the functioning of the internal market for intermediary services and the evolution of illegal content, disinformation and other societal risks online, including for minors; (b) the effective enforcement of this Regulation; (c) the application of Articles 13, 16, 20, 21, 45 and 46. The Commission shall request the Board to provide an assessment of the application of Articles 45 and 46.
4. The Commission shall pay specific attention in the reports referred to in paragraphs 2 and 3 to the position of small and medium-sized enterprises and the position of new competitors in the market with a view to ensuring, in particular, a diverse and competitive ecosystem of providers of intermediary services.
5. For the purposes of paragraphs 1, 2 and 3, Member States, the Board and the Digital Services Coordinators shall provide the Commission with information upon its request and without undue delay, and the Digital Services Coordinators shall have the power to require intermediary service providers that are under their jurisdiction to provide the information necessary. The Commission shall take into account the annual reports submitted by the Digital Services Coordinators pursuant to Article 55(1).
6. The Commission may request the Board to provide the Commission with a specific opinion on its findings, where appropriate.
7. On the basis of the findings pursuant to paragraphs 1, 2 and 3, the Commission may submit proposals to amend this Regulation, as appropriate.
Understanding This Article
Article 91 establishes comprehensive multi-tiered review framework ensuring DSA remains effective, proportionate, and adapted to technological evolution, market developments, and enforcement experiences through periodic evidence-based evaluations. Three distinct review timelines address different assessment needs: (1) Article 33 Designation Review (November 2025, every 5 years) - Evaluates VLOP/VLOSE designation criteria application examining whether 45 million monthly active user threshold appropriately identifies systemically important platforms, designation procedures function effectively, designated platforms actually exhibit systemic importance warranting enhanced obligations, any platforms systematically important but below threshold require designation criteria adjustment. Reviews designation methodology, market concentration dynamics, new platform emergence. (2) SME and Board Assessment (February 2027) - Evaluates DSA impact on small and medium-sized enterprises examining whether compliance obligations disproportionately burden smaller platforms, SMEs can compete effectively with large platforms given regulatory requirements, regulatory costs create market entry barriers disadvantaging startups, any modifications needed to graduated compliance requirements under Article 19. Assesses Board economic functioning examining resource adequacy, operational efficiency, cross-border cooperation effectiveness. (3) Comprehensive DSA Review (November 2027, every 5 years) - Holistic evaluation of entire Regulation covering internal market functioning (whether DSA facilitates EU-wide intermediary services market, fragmentation issues, cross-border service provision), illegal content and disinformation evolution (whether online harms addressed effectively, new risks emerged requiring regulatory response, Articles 13-46 adequate), enforcement effectiveness (Commission, DSC, Board enforcement actions sufficiency, procedural adequacy, penalties deterrent effect), specific provisions assessment (Articles 13, 16, 20, 21, 45, 46 application). Special SME attention ensures reviews examine regulatory proportionality preventing innovation barriers. Amendment authority enables Commission to propose legislative changes addressing identified deficiencies, adapting to technological change, responding to enforcement experience.
Key Points
November 17, 2025: Commission evaluates Article 33 designation criteria application, repeats every 5 years
February 18, 2027: Commission evaluates SME impact and Board economic functioning
November 17, 2027: First comprehensive DSA review, repeats every 5 years (2032, 2037, etc.)