---
title: "Art. 79 DSA: Right to be heard and access to the file"
canonical: "https://dposchool.com/dsa/article/79"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_79"
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. 79 DSA · Chapter IV: IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT · Section 4: Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines

# Article 79 DSA: Right to be heard and access to the file

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

## Official text

### Article 79(1)

**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:

#### Article 79(1)(a)

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

#### Article 79(1)(b)

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

### Article 79(2)

**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.

### Article 79(3)

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

### Article 79(4)

**4.** The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online platform or of the very large online search engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

### Article 79(5)

**5.** The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.

## 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 79 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2065#art_79)

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

This is reference material, not legal advice.

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