February 2, 2024 DSA

The European Commission fortifies oversight of Very Large Online Platforms and Search Engine

Commission Delegated Regulation (EU) 2024/436, published on December 21, 2023, introduces rules for auditing very large online platforms and search engines, supplementing Regulation (EU) 2022/2065. The new framework aims to ensure effective, timely, and comparable independent audits to guarantee providers’ compliance with the obligations of the 2022 regulation. The regulation underscores the importance of transparency reports and data disclosures, advocating for independent audits to serve as early assessments and recommendations that guide regulatory oversight.

The Commission outlines rules for legal and procedural audit obligations, requiring coordination with risk assessments and allowing for multiple auditors or organizations to address diverse expertise needs. The regulation mandates annual audits for ongoing supervision, with providers expected to facilitate access to necessary information. Subject-matter expertise is crucial for compliance audits, with auditing organizations needing to show relevant competence and technical abilities. The regulation emphasizes the necessity of robust audit methodologies for assessing compliance, particularly regarding algorithmic systems, and stresses the importance of adapting methodologies to inherent risks. Additionally, the regulation sets specific rules for auditing compliance with voluntary codes of conduct and crisis protocols, ensuring auditing organizations have the required information.

The official publication is available here.