Article 63 - Right to be heard and access to the file
- Before adopting a decision pursuant to Articles 58(1), 59 or 60, the Commission shall give the very large online platform concerned or other person referred to in Article 52(1) the opportunity of being heard on:
- preliminary findings of the Commission, including any matter to which the Commission has taken objections; and
- measures that the Commission may intend to take in view of the preliminary findings referred to point (a).
- The very large online platform concerned or other person referred to in Article 52(1) may submit their observations on the Commission’s preliminary findings within a reasonable time period set by the Commission in its preliminary findings, which may not be less than 14 days.
- The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.
- 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 very large online platform concerned or other person referred to in Article 52(1) in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or Member States’ authorities. 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.
- The information collected pursuant to Articles 52, 53 and 54 shall be used only for the purpose of this Regulation.
- Without prejudice to the exchange and to the use of information referred to in Articles 51(3) and 52(5), the Commission, the Board, Member States’ authorities and their respective officials, servants and other persons working under their supervision,; and any other natural or legal person involved, including auditors and experts appointed pursuant to Article 57(2) shall not disclose information acquired or exchanged by them pursuant to this Section and of the kind covered by the obligation of professional secrecy.