Digital Services Act 2024

Power to enter into commitment agreement with provider

79. (1) The Commission may at any time enter into an agreement in writing with a relevant provider under which the provider agrees to take measures that appear to the Commission to address any issue relating to compliance by the provider with Article 30, 31 or 32.

(2) An agreement under this section is referred to in this section as a “commitment agreement”.

(3) A commitment agreement may include provision under which the Commission agrees, subject to the terms of the agreement, not to take specified steps in relation to matters or findings addressed by the agreement.

(4) A commitment agreement, unless terminated under subsection (5) or (6), is binding on the parties for the period specified in the agreement.

(5) A commitment agreement may be amended or terminated by the parties by agreement in writing.

(6) The Commission may terminate a commitment agreement by giving notice in writing to the provider if—

(a) the provider does not comply with the agreement, or

(b) it appears to the Commission that information provided by the provider and relied on by the Commission for the purposes of entering into the agreement was, in a material respect, incomplete, misleading or false.

(7) A provider who fails to comply with a commitment agreement may be liable to an administrative financial sanction in accordance with this Part.