Chapter 5

Final Provisions

Articles 93-99

Contains the concluding provisions including delegated acts, implementing acts, review mechanisms, relationship with other EU legislation, transitional arrangements, and entry into force dates.

Overview

Chapter V: Final Provisions

This chapter contains administrative and procedural provisions to implement and maintain the DSA over time.

Key Provisions:

  • Article 93 - Exercise of Delegation: Empowers Commission to adopt delegated acts to supplement the regulation on technical criteria, methodologies, and thresholds.
  • Article 94 - Committee Procedure: Establishes advisory committee to assist Commission on implementing measures.
  • Article 95 - Review Clause: Commission must evaluate DSA effectiveness and report to Parliament and Council by February 17, 2027, and every three years thereafter.
  • Article 96 - Amendment to Regulation 2019/1150: Updates the Platform-to-Business Regulation to ensure consistency.
  • Article 97 - Transitional Provisions: Providers designated as VLOPs/VLOSEs have 4 months to comply after designation.
  • Article 98 - Relationship with Other Law: DSA complements but doesn't affect sector-specific EU legislation (e.g., GDPR, Copyright Directive, Terrorist Content Online Regulation).
  • Article 99 - Entry into Force and Application:
    • Entered into force: November 16, 2022
    • Application for VLOPs/VLOSEs: August 25, 2023 (4 months after first designations)
    • Application for all other providers: February 17, 2024

Monitoring and Evaluation:

  • Commission monitors DSA implementation and application
  • Transparency reports from providers feed into evaluation
  • Board issues annual reports on DSA application
  • Regular reviews assess effectiveness and need for amendments

Significance:

  • Ensures DSA can adapt to technological change through delegated acts
  • Regular reviews allow for evidence-based policy updates
  • Staggered application dates gave providers time to prepare
  • Clear relationship with other EU law prevents conflicts
  • Transitional provisions facilitate smooth implementation

Articles in This Chapter

  • Article 89: Amendments to Directive 2000/31/EC

    Deletes Articles 12-15 of E-Commerce Directive 2000/31/EC establishing liability exemptions and no general monitoring obligation, with references to deleted articles redirected to corresponding DSA Articles 4, 5, 6, 8, modernizing 2000-era framework while maintaining substantive protections

  • Article 90: Amendment to Directive (EU) 2020/1828

    Adds DSA to Annex I of Representative Actions Directive 2020/1828, enabling qualified entities to bring representative actions in national courts for DSA violations affecting multiple consumers, complementing administrative enforcement with collective judicial redress mechanisms

  • Article 91: Review

    Establishes Commission review and evaluation obligations with multiple deadlines: November 2025 for Article 33 designation review, February 2027 for SME impact and Board functioning assessment, November 2027 and every 5 years thereafter for comprehensive DSA evaluation with potential amendment proposals

  • Article 92: Anticipated application to providers of very large online platforms and of very large online search engines

    Establishes early DSA application for designated VLOPs/VLOSEs from 4 months after designation notification if earlier than February 17, 2024 general application date, enabling phased implementation starting with largest platforms

  • Article 93: Entry into force and application

    Establishes DSA entry into force November 16, 2022 (20 days after Official Journal publication), general application from February 17, 2024, with certain provisions applicable immediately from entry into force, and confirms binding nature in all Member States without requiring national transposition