Article 79 — Right to be heard and access to the file

Digital Services Act — Regulation (EU) 2022/2065

Official text

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1. Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give the provider of the very large online platform or of the very large online search engine concerned or other person referred to in Article 67(1) the opportunity of being heard on:

(a) preliminary findings of the Commission, including any matter to which the Commission has taken objections; and

(b) measures that the Commission may intend to take in view of the preliminary findings referred to point (a).

2. The provider of the very large online platform or of the very large online search engine concerned or other person referred to in Article 67(1) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.

3. The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.

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