---
title: "Art. 59 DSA: Referral to the Commission"
canonical: "https://dposchool.com/dsa/article/59"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_59"
source_note: "Source: Regulation (EU) 2022/2065, OJ L 277, 27.10.2022, p. 1. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2022-10-27"
language: "en"
publisher: "DPO School"
---

Art. 59 DSA · Chapter IV: IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT · Section 2: Competences, coordinated investigation and consistency mechanisms

# Article 59 DSA: Referral to the Commission

Official Journal text of 27 October 2022. Retrieved 30 October 2026.

## Official text

### Article 59(1)

**1.** In the absence of a communication within the period laid down in Article 58(5), in the case of a disagreement of the Board with the assessment or the measures taken or envisaged pursuant to Article 58(5) or in the cases referred to in Article 60(3), the Board may refer the matter to the Commission, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital Services Coordinator of establishment, the assessment by that Digital Services Coordinator, the reasons for the disagreement and any additional information supporting the referral.

### Article 59(2)

**2.** The Commission shall assess the matter within two months following the referral of the matter pursuant to paragraph 1, after having consulted the Digital Services Coordinator of establishment.

### Article 59(3)

**3.** Where, pursuant to paragraph 2 of this Article, the Commission considers that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to Article 58(5) are insufficient to ensure effective enforcement or otherwise incompatible with this Regulation, it shall communicate its views to the Digital Services Coordinator of establishment and the Board and request the Digital Services Coordinator of establishment to review the matter.

The Digital Services Coordinator of establishment shall take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, taking utmost account of the views and request for review by the Commission. The Digital Services Coordinator of establishment shall inform the Commission, as well as the requesting Digital Services Coordinator or the Board that took action pursuant to Article 58(1) or (2), about the measures taken within two months from that request for review.

## Source

Source: Regulation (EU) 2022/2065, OJ L 277, 27.10.2022, p. 1. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 59 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_59)

Official Journal text of 27 October 2022. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[DSA Navigator](https://dposchool.com/dsa) / [Chapter IV](https://dposchool.com/dsa/chapter/4) / Article 59

Previous: [Art. 58 DSA: Cross-border cooperation among Digital Services Coordinators](https://dposchool.com/dsa/article/58)

Next: [Art. 60 DSA: Joint investigations](https://dposchool.com/dsa/article/60)

## For AI agents

- Machine-readable index: https://dposchool.com/dsa/llms.txt
- JSON API: https://dposchool.com/dsa/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents