keyboard_tab Digital Service Act 2022/2065 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 6 Hosting
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- recipient_of_the_service 8
- information 8
- shall 8
- provided 6
- illegal_content 6
- service 6
- provider 6
- authority 6
- under 6
- acting 4
- specific 4
- transaction 4
- such 4
- activity 4
- illegal 4
- knowledge 4
- apply 4
- online_platform 4
- paragraph 4
- control 4
- consumer 4
- presents 2
- would 2
- traders 2
- distance_contracts 2
- item 2
- otherwise 2
- enables 2
- conclude 2
- issue 2
- either 2
- lead 2
- judicial 2
- prevent 2
- terminate 2
- require 2
- system 2
- legal 2
- member state 2
- accordance 2
- administrative 2
- possibility 2
- average 2
- affect 2
- article 2
- this 2
- itself 2
- allow 2
- object 2
- product 2
Article 6
Hosting
1. Where an information_society_service is provided that consists of the storage of information provided by a recipient_of_the_service, the service provider shall not be liable for the information stored at the request of a recipient_of_the_service, on condition that the provider:
(a) | does not have actual knowledge of illegal activity or illegal_content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal_content is apparent; or |
(b) | upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal_content. |
2. Paragraph 1 shall not apply where the recipient_of_the_service is acting under the authority or the control of the provider.
3. Paragraph 1 shall not apply with respect to the liability under consumer protection law of online_platforms that allow consumers to conclude distance_contracts with traders, where such an online_platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online_platform itself or by a recipient_of_the_service who is acting under its authority or control.
4. This Article shall not affect the possibility for a judicial or administrative authority, in accordance with a Member State's legal system, to require the service provider to terminate or prevent an infringement.
Article 6
Hosting
1. Where an information_society_service is provided that consists of the storage of information provided by a recipient_of_the_service, the service provider shall not be liable for the information stored at the request of a recipient_of_the_service, on condition that the provider:
(a) | does not have actual knowledge of illegal activity or illegal_content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal_content is apparent; or |
(b) | upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal_content. |
2. Paragraph 1 shall not apply where the recipient_of_the_service is acting under the authority or the control of the provider.
3. Paragraph 1 shall not apply with respect to the liability under consumer protection law of online_platforms that allow consumers to conclude distance_contracts with traders, where such an online_platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online_platform itself or by a recipient_of_the_service who is acting under its authority or control.
4. This Article shall not affect the possibility for a judicial or administrative authority, in accordance with a Member State's legal system, to require the service provider to terminate or prevent an infringement.
whereas