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keyboard_tab Digital Service Act 2022/2065 EN

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2022/2065 EN cercato: 'harmonised' . Output generated live by software developed by IusOnDemand srl


expand index harmonised:

    CHAPTER I
    GENERAL PROVISIONS
  • 2 Art. 1 Subject matter
  • 1 Art. 2 Scope

  • 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
  • 1 Art. 15 Transparency reporting obligations for providers of intermediary services

  • 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


whereas harmonised:


definitions:


cloud tag: and the number of total unique words without stopwords is: 273

 

Article 1

Subject matter

1.   The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary_services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter, including the principle of consumer protection, are effectively protected.

2.   This Regulation lays down harmonised rules on the provision of intermediary_services in the internal market. In particular, it establishes:

(a)

a framework for the conditional exemption from liability of providers of intermediary_services;

(b)

rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary_services;

(c)

rules on the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities.

Article 2

Scope

1.   This Regulation shall apply to intermediary_services offered to recipients of the service that have their place of establishment or are located in the Union, irrespective of where the providers of those intermediary_services have their place of establishment.

2.   This Regulation shall not apply to any service that is not an intermediary_service or to any requirements imposed in respect of such a service, irrespective of whether the service is provided through the use of an intermediary_service.

3.   This Regulation shall not affect the application of Directive 2000/31/EC.

4.   This Regulation is without prejudice to the rules laid down by other Union legal acts regulating other aspects of the provision of intermediary_services in the internal market or specifying and complementing this Regulation, in particular, the following:

(a)

Directive 2010/13/EU;

(b)

Union law on copyright and related rights;

(c)

Regulation (EU) 2021/784;

(d)

Regulation (EU) 2019/1148;

(e)

Regulation (EU) 2019/1150;

(f)

Union law on consumer protection and product safety, including Regulations (EU) 2017/2394 and (EU) 2019/1020 and Directives 2001/95/EC and 2013/11/EU;

(g)

Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC;

(h)

Union law in the field of judicial cooperation in civil matters, in particular Regulation (EU) No 1215/2012 or any Union legal act laying down the rules on law applicable to contractual and non-contractual obligations;

(i)

Union law in the field of judicial cooperation in criminal matters, in particular a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters;

(j)

a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings.

Article 15

Transparency reporting obligations for providers of intermediary_services

1.   Providers of intermediary_services shall make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year, clear, easily comprehensible reports on any content_moderation that they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:

(a)

for providers of intermediary_services, the number of orders received from Member States’ authorities including orders issued in accordance with Articles 9 and 10, categorised by the type of illegal_content concerned, the Member State issuing the order, and the median time needed to inform the authority issuing the order, or any other authority specified in the order, of its receipt, and to give effect to the order;

(b)

for providers of hosting services, the number of notices submitted in accordance with Article 16, categorised by the type of alleged illegal_content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms_and_conditions of the provider, the number of notices processed by using automated means and the median time needed for taking the action;

(c)

for providers of intermediary_services, meaningful and comprehensible information about the content_moderation engaged in at the providers’ own initiative, including the use of automated tools, the measures taken to provide training and assistance to persons in charge of content_moderation, the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information through the service, and other related restrictions of the service; the information reported shall be categorised by the type of illegal_content or violation of the terms_and_conditions of the service provider, by the detection method and by the type of restriction applied;

(d)

for providers of intermediary_services, the number of complaints received through the internal complaint-handling systems in accordance with the provider’s terms_and_conditions and additionally, for providers of online_platforms, in accordance with Article 20, the basis for those complaints, decisions taken in respect of those complaints, the median time needed for taking those decisions and the number of instances where those decisions were reversed;

(e)

any use made of automated means for the purpose of content_moderation, including a qualitative description, a specification of the precise purposes, indicators of the accuracy and the possible rate of error of the automated means used in fulfilling those purposes, and any safeguards applied.

2.   Paragraph 1 of this Article shall not apply to providers of intermediary_services that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC and which are not very large online_platforms within the meaning of Article 33 of this Regulation.

3.   The Commission may adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1 of this Article, including harmonised reporting periods. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

SECTION 2

Additional provisions applicable to providers of hosting services, including online_platforms


whereas









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