--- title: "Art. 23 DMA: Powers to conduct inspections" canonical: "https://dposchool.com/dma/article/23" source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_23" source_note: "Source: Regulation (EU) 2022/1925, OJ L 265, 12.10.2022, p. 1, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu" text_as_of: "2022-10-12" language: "en" publisher: "DPO School" --- Art. 23 DMA · Chapter V: INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS # Article 23 DMA: Powers to conduct inspections Official Journal text of 12 October 2022, as corrected (OJ L, 2025/90024, 10.1.2025). Retrieved 30 October 2026. ## Official text ### Article 23(1) **1.** In order to carry out its duties under this Regulation, the Commission may conduct all necessary inspections of an undertaking or association of undertakings. ### Article 23(2) **2.** The officials and other accompanying persons authorised by the Commission to conduct an inspection are empowered to: #### Article 23(2)(a) **(a)** enter any premises, land and means of transport of undertakings and associations of undertakings; #### Article 23(2)(b) **(b)** examine the books and other records related to the business, irrespective of the medium on which they are stored; #### Article 23(2)(c) **(c)** take or obtain in any form copies of or extracts from such books or records; #### Article 23(2)(d) **(d)** require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices and to record or document the explanations given by any technical means; #### Article 23(2)(e) **(e)** seal any business premises and books or records for the duration of, and to the extent necessary for, the inspection; #### Article 23(2)(f) **(f)** ask any representative or member of staff of the undertaking or association of undertakings for explanations of facts or documents relating to the subject-matter and purpose of the inspection, and to record the answers by any technical means. ### Article 23(3) **3.** To carry out inspections, the Commission may request the assistance of auditors or experts appointed by the Commission pursuant to Article 26(2), as well as the assistance of the national competent authority of the Member State, enforcing the rules referred to in Article 1(6) in whose territory the inspection is to be conducted. ### Article 23(4) **4.** During inspections the Commission, auditors or experts appointed by it and the national competent authority of the Member State, enforcing the rules referred to in Article 1(6) in whose territory the inspection is to be conducted may require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business conducts. The Commission and auditors or experts appointed by it and the national competent authority of the Member State, enforcing the rules referred to in Article 1(6) in whose territory the inspection is to be conducted may address questions to any representative or member of staff. ### Article 23(5) **5.** The officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the fines provided for in Article 30 applicable in the event that the production of the required books or other records related to the business is incomplete or where the answers to questions asked under paragraphs 2 and 4 of this Article are incorrect or misleading. In good time before the inspection, the Commission shall give notice of the inspection to the national competent authority of the Member State enforcing the rules referred to in Article 1(6) in whose territory it is to be conducted. ### Article 23(6) **6.** Undertakings or associations of undertakings are required to submit to an inspection ordered by a Commission decision. That decision shall specify the subject matter and purpose of the inspection, set the date on which it is to begin and indicate the fines and periodic penalty payments provided for in Articles 30 and 31 respectively, and the right to have that decision reviewed by the Court of Justice. ### Article 23(7) **7.** Officials of, and the persons authorised or appointed by, the national competent authority of the Member State enforcing the rules referred to in Article 1(6) in whose territory the inspection is to be conducted shall, at the request of that authority or of the Commission, actively assist the officials and other accompanying persons authorised by the Commission. To this end, they shall enjoy the powers set out in paragraphs 2 and 4 of this Article. ### Article 23(8) **8.** Where the officials and other accompanying persons authorised by the Commission find that an undertaking or association of undertakings opposes an inspection ordered pursuant to this Article, the Member State concerned shall afford them the necessary assistance, requesting, where appropriate, the assistance of the police or of an equivalent enforcement authority, so as to enable them to conduct their inspection. ### Article 23(9) **9.** If, according to national rules, the assistance provided for in paragraph 8 of this Article requires authorisation from a judicial authority, the Commission or the national competent authority of the Member State enforcing the rules referred to in Article 1(6) or officials authorised by those authorities shall apply for it. Such authorisation may also be applied for as a precautionary measure. ### Article 23(10) **10.** Where authorisation referred to in paragraph 9 of this Article is applied for, the national judicial authority shall verify that the Commission decision is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. In its control of the proportionality of the coercive measures, the national judicial authority may ask the Commission, directly or through the national competent authority of the Member State, enforcing the rules referred to in Article 1(6), for detailed explanations in particular on the grounds the Commission has for suspecting infringement of this Regulation, as well as on the seriousness of the suspected infringement and on the nature of the involvement of the undertaking concerned. However, the national judicial authority may not call into question the necessity of the inspection nor demand that it be provided with the information in the file of the Commission. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice. ## Source Source: Regulation (EU) 2022/1925, OJ L 265, 12.10.2022, p. 1, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu [Article 23 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925#art_23) Official Journal text of 12 October 2022, as corrected (OJ L, 2025/90024, 10.1.2025). Retrieved 30 October 2026. 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