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EU: Commission requests public comments on DSA enforcement, notes deadline for user numbers publication

The European Commission published, on 17 February 2023, a press release requesting public comments on the Digital Services Act ('DSA') and noting the deadline for the submission of user numbers. In particular, the Commission requested comments on the DSA enforcement procedures. More specifically, the DSA Implementing Regulation outlines that the Commission may order providers of very large online platforms ('VLOPs') or of very large online search engines ('VLOSEs') to provide it with access to, and explanations of, that provider's databases and algorithms, in a timely and effective manner. Likewise, the DSA Implementing Regulation provides that the Commission may require VLOPs or VLOSEs to identify the information considered to contain business secrets or confidential information, and to identify the natural and legal persons in relation to whom the information is considered to be confidential.

In addition, the Commission outlined that 17 February 2023 was the deadline for all online platforms and online search engines, except micro and small enterprises under the DSA, to publish their user numbers in the EU for the first time. Further, the Commission noted that the platforms detailed above must publish user numbers every six months from 17 February 2023 onwards. Notably, the Commission detailed that the requirement to publish user numbers is to determine whether the above platforms are considered VLOPs or VLOSEs under the DSA, which includes, as defined under the DSA, platforms reaching more than 10% of the EU's population or 45 million users.

Public comments on the DSA enforcement procedures may be submitted here until 16 March 2023.

You can read the press release here, the DSA Implementing Regulation here, and the DSA here.

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