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Article 35 · Regulation (EU) 2022/2065

Mitigation of risks

Reasonable, proportionate and effective measures tailored to the risks identified under Article 34.

Applies to
VLOPs and VLOSEs
Frequency
Continuous

Article 35 requires measures tailored to the specific systemic risks identified, with particular consideration of their impact on fundamental rights. The article lists candidate measures rather than mandating any: adapting service design or interface, adapting terms and conditions, adapting content moderation processes, adapting recommender or advertising systems, reinforcing internal processes, and cooperative measures with other providers through codes of conduct.

The Commission’s enforcement practice has concentrated here. Where a proceeding alleges “addictive design” or a “rabbit-hole effect”, the legal hook is generally Articles 34 and 35 read together — the claim is not that a given post is illegal but that the design amplifies a systemic risk which the provider failed to mitigate.

Article 35 is deliberately open-textured, which cuts both ways. It gives providers room to choose their own remedies, and gives the Commission room to find those remedies insufficient.

Worth knowing

  • Mitigation measures are audited under Article 37 and reported under Article 42.
  • Article 36 adds a crisis response mechanism: in a crisis, the Commission can require a provider to assess and mitigate specific contributions to it.
  • Commitments offered under Article 71 can be made binding, as they were for TikTok Lite and for AliExpress.