The first draft delegated regulation supplementing the Digital Services Act (DSA) was published by the European Commission yesterday.

The regulation outlines the criteria to be used when calculating the supervisory fees which will be charged on very large online platforms (VLOPs) and very large online search engines (VLOSEs) under Article 43 of the DSA.

In particular, it includes:

  • a non-exhaustive list of the types of expenditures that the Commission may incur in relation to its supervisory tasks under the DSA; and
  • coefficients which depending on the average monthly users of the designated VLOP / VLOSE shall be multiplied by the costs that the Commission incurs in relation to its supervisory tasks under the DSA to calculate the applicable supervisory fee.

Any feedback on the delegated regulation must be submitted by 19 January 2023.

For more information on this topic, please contact Andrea Lawler, Partner, Commercial & Technology, Karina Khusainova, Senior Legal Advisor, Commercial & Technology or any member of A&L Goodbody’s Commercial & Technology team.