EU DSA Article 37 - Independent audit (VLOPs and VLOSEs)
Undergo annual independent audits at own expense to assess compliance with DSA Chapter III Section 5 obligations, voluntary codes of conduct, and crisis protocols
Where this comes from
Provision: Article 37 - Independent audit (VLOPs and VLOSEs)
Instrument: EU Digital Services Act (Regulation 2022/2065)
Citation: Regulation (EU) 2022/2065 of the European Parliament and of the Council, Article 37
Text version: Regulation (EU) 2022/2065 (DSA), OJ L 277, 27.10.2022
Who it applies to
It applies when all of these are true:
- Service is a Very Large Online Platform/Search Engine (45M+ EU users)
- Service has users in the European Union
…unless:
- Only VLOPs and VLOSEs are required to undergo annual external audits. Smaller platforms are exempt. (DSA Article 37)
- First audit must be completed within 4 months of designation, then annually thereafter. (DSA Article 37(3))
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assessment methodology is documented
- Assessment is completed and findings recorded
- Remediation plan created for identified risks
- Assessment is reviewed and signed off
- Assessment report is complete
Questions people ask
- Does EU DSA Article 37 - Independent audit (VLOPs and VLOSEs) apply to my service?
- It applies when Service is a Very Large Online Platform/Search Engine (45M+ EU users); Service has users in the European Union. It does not apply where Only VLOPs and VLOSEs are required to undergo annual external audits. Smaller platforms are exempt. (DSA Article 37).
- From when does this apply?
- EU DSA Article 37 - Independent audit (VLOPs and VLOSEs) applies from 17 February 2024. Its current status is: in force.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.