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In this act Article 12 of 16
Text as of 26 Oct 2026 · Commission Delegated Regulation (EU) 2025/2050, OJ L, 2025/2050, 9.10.2025 · Same wording as today’s text.Today’s text

Article 12 — Procedures for examining amendment requests

Digital & dataLevel 2Delegated RegulationDSAIn forceOfficial source

12(1)

1.Upon the receipt of an amendment request pursuant to Article 40(5) of Regulation (EU) 2022/2065, the Digital Services Coordinator of establishment shall inform the principal researcher concerned.

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12(2)

2.When deciding on an amendment request made pursuant to Article 40(5), point (a), of Regulation (EU) 2022/2065, the Digital Services Coordinator of establishment shall take into account the following:

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12(2)(a)
(a)whether the reasons for the alleged lack of access to data are duly substantiated;
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12(2)(b)
(b)whether that lack of access to data is permanent or temporary.
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12(3)

3.When deciding on an amendment request made pursuant to Article 40(5), point (b), of Regulation (EU) 2022/2065, the Digital Services Coordinator of establishment shall take into account all the following:

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12(3)(a)
(a)whether the alleged vulnerabilities and their significance are duly substantiated;
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12(3)(b)
(b)the likelihood and severity of harm resulting from these alleged significant vulnerabilities;
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12(3)(c)
(c)the extent to which the access modalities set out in the reasoned request effectively mitigate the risk of such harm occurring.
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12(4)

4.At any time during the assessment of an amendment request, the Digital Services Coordinator of establishment may ask the data provider or the principal researcher for any additional information that it considers necessary to complete its assessment.

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12(5)

5.Such request for additional information shall be made as soon as possible to allow the data provider or the principal researcher sufficient time to respond and, in any event, shall not affect the deadline set in Article 40(6), second subparagraph of Regulation (EU) 2022/2065. Where the data provider or the principal researcher fails to provide the requested information at all or within a period specified by the Digital Services Coordinator of establishment or provides partial information, the Digital Services Coordinator of establishment shall make its decision within the timeframe laid down in Article 40(6) of Regulation (EU) 2022/2065, based on the information that was made available to it within a reasonable delay.

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