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Implementing Regulation (EU) 2023/1201 · binding · OJ L 159, 22.6.2023 · dated 21 Jun 2023 [in force]","attribution":{"prepared_by":"European Commission","published_by":"Publications Office of the EU","published_in":"Official Journal of the European Union","document_type":"implementing_regulation","legal_nature":"binding_adopted","addressees":"not stated in the document","dates":{"document_date":"2023-06-21","entry_into_force":"2023-07-12","locators":{"document_date":"CELLAR 32023R1201 work_date_document","entry_into_force":"CELLAR 32023R1201 resource_legal_date_entry-into-force (earliest)"}},"adoption":null},"context":{"act":{"work_id":"spaces/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission","path":"/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission","name":"Commission Implementing Regulation (EU) 2023/1201","number":"2023/1201","celex":"32023R1201","title_official":"COMMISSION IMPLEMENTING REGULATION (EU) 2023/1201 of 21 June 2023 on detailed arrangements for the conduct of certain proceedings by the Commission pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council (‘Digital Services Act’)","document_date":"2023-06-21"},"position":{"kind":"article","key":"3","index":3,"articles":8,"annexes":1},"prev":{"path":"/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission/articles/2","key":"2","title":"Article 2 — Explanations provided during inspections"},"next":{"path":"/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission/articles/4","key":"4","title":"Article 4 — Written observations on preliminary findings"},"act_anchor":"#art-3"}},"provenance":{"official_url":"https://eur-lex.europa.eu/eli/reg_impl/2023/1201/oj/eng","check":{"result":"matched","checked_at":"2026-10-26","against":"EUR-Lex"},"repo_path":"spaces/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission.md","unit_text_sha256":"2b56c6dd478cc61bbd66f8ee7345d6cc57e6c941dbf2fe4e3522618048254895","note":"the unit is a byte-exact part of the act page, whose check record covers it"},"unit":{"locator":"spaces/dsa/level-2/implementing-acts/2023-1201-conduct-of-certain-proceedings-by-the-commission/art-3","kind":"article","key":"3","heading":"Article 3 — Monitoring actions","text":"## <a id=\"art-3\"></a>Article 3 — Monitoring actions\n\n1. <a id=\"art-3-p-1\"></a>Where the Commission orders a provider of very large online platforms or of very large online search engine to grant it access to that provider’s databases or algorithmic systems pursuant to Article 72(1) of Regulation (EU) 2022/2065, the Commission may specify the technical means or the interfaces through which providers of very large online platforms or of very large online search engines shall provide such access.\n\n2. <a id=\"art-3-p-2\"></a>Providers of very large online platforms or of very large online search engine ordered to provide access pursuant to Article 72(1) of Regulation (EU) 2022/2065 shall do so in a timely and effective manner, enabling the Commission to access all information in the databases concerned and all information in relation to the algorithm concerned which are necessary for the assessment of the implementation of and compliance by the provider concerned with Regulation (EU) 2022/2065.\n\n3. <a id=\"art-3-p-3\"></a>Providers of very large online platforms or of very large online search engine ordered to provide access pursuant to Article 72(1) of Regulation (EU) 2022/2065 shall comply with the requirements laid down in Article 7 of this Regulation.\n\n4. <a id=\"art-3-p-4\"></a>Where the Commission imposes an obligation on a provider of very large online platforms or of very large online search engine to retain all documents necessary to assess the implementation of and compliance with Regulation (EU) 2022/2065 pursuant to Article 72(1) of that regulation, the Commission shall define the terms of retention, including the period and scope of documents to be retained for which the obligation applies. That period may be prolonged, where necessary, to assess the implementation of and compliance with Regulation (EU) 2022/2065.\n\n5. <a id=\"art-3-p-5\"></a>Where the Commission appoints external experts or auditors to assist it in monitoring the effective implementation of and compliance with Regulation (EU) 2022/2065 by providers of very large online platforms and of very large online search engines pursuant to Article 72(2) of that regulation, the Commission shall ensure that those experts and auditors are independent from the provider concerned and that they have proven expertise and knowledge in the matter on which they assist the Commission.\n\n6. <a id=\"art-3-p-6\"></a>To ensure independence in accordance with paragraph 5, the Commission, when appointing experts or auditors pursuant to that paragraph, shall take into account the existence of shared ownership, governance, management, personnel, or resources of the external experts or auditors concerned and the existence of contractual relationships with the provider of very large online platform or of very large online search engine concerned over the 24 months prior to procedure carried out by the Commission. The appointed expert or auditor shall remain independent throughout the period of appointment.\n\n7. <a id=\"art-3-p-7\"></a>To ensure that the experts and auditors possess the necessary expertise and knowledge in accordance with paragraph 5, the Commission, when appointing an expert or an auditor pursuant to that paragraph, shall take into account the expert’s proven expertise in the matter on which they assist the Commission or the auditor’s proven technical competence to perform audits on the matter on which they assist the Commission.\n\n**CHAPTER III — RIGHT TO BE HEARD AND ACCESS TO THE FILE**\n\n","marks":[],"text_hash":"2b56c6dd478cc61bbd66f8ee7345d6cc57e6c941dbf2fe4e3522618048254895","revision":1}}