# Data access and scrutiny 40(8) — DSA — provision context

> Focused context for a single provision (40(8)), curated from overview.legal on 2026-10-06. Canonical: https://overview.legal/laws/dsa/art-40#par-8
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Data access and scrutiny** (DSA, full article: https://overview.legal/laws/dsa/art-40).

## Provision text

### 40(8)

Upon a duly substantiated application from researchers, the Digital Services Coordinator of establishment shall grant such researchers the status of ‘vetted researchers’ for the specific research referred to in the application and issue a reasoned request for data access to a provider of very large online platform or of very large online search engine a pursuant to paragraph 4, where the researchers demonstrate that they meet all of the following conditions:

a) they are affiliated to a research organisation as defined in Article 2, point (1), of Directive (EU) 2019/790;
b) they are independent from commercial interests;
c) their application discloses the funding of the research;
d) they are capable of fulfilling the specific data security and confidentiality requirements corresponding to each request and to protect personal data, and they describe in their request the appropriate technical and organisational measures that they have put in place to this end;
e) their application demonstrates that their access to the data and the time frames requested are necessary for, and proportionate to, the purposes of their research, and that the expected results of that research will contribute to the purposes laid down in paragraph 4;
f) the planned research activities will be carried out for the purposes laid down in paragraph 4;
g) they have committed themselves to making their research results publicly available free of charge, within a reasonable period after the completion of the research, subject to the rights and interests of the recipients of the service concerned, in accordance with Regulation (EU) 2016/679.
- Upon receipt of the application pursuant to this paragraph, the Digital Services Coordinator of establishment shall inform the Commission and the Board.

## Topics on this provision

- **Data Access and Scrutiny Mechanisms under DSA** — https://overview.legal/topics/data-access-scrutiny-mechanisms-dsa
  This new topic is needed because the content specifically addresses data access and scrutiny as a distinct DSA requirement, which encompasses mechanisms for aut
- **Digital Services Coordinator** — https://overview.legal/topics/digital-services-coordinator-establishment-role
  While 'digital-services-coordinators-dsa' exists, a more specific topic on the establishment, institutional framework, and foundational role of DSCs would bette
- **Digital Services Coordinators under DSA** — https://overview.legal/topics/digital-services-coordinators-dsa
  This new topic is needed because Digital Services Coordinators are a distinct institutional role under DSA with specific designation procedures, responsibilitie
- **Competent Authorities Designation and Powers under DSA** — https://overview.legal/topics/dsa-competent-authorities-designation
  The content is titled 'Competences' from the DSA and discusses the allocation and scope of authority powers under the Digital Services Act. This requires a dedi

## Cited by (exact-provision citations)

- **Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission** (case-law) — https://overview.legal/posts/132131
- **Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission** ¶119 (case-law, General Court) — https://overview.legal/posts/132131
- **Amazon EU Sàrl, venant aux droits de Amazon Services Europe Sàrl v European Commission** ¶115 (case-law, General Court) — https://overview.legal/posts/132131

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Generated by overview.legal · https://overview.legal/laws/dsa/art-40#par-8 · 2026-10-06