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. 17 Statement of reasons
- 1 Art. 22 Trusted flaggers
- 2 Art. 32 Right to information
- 1 Art. 75 Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
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
- shall 41
- information 30
- provider 18
- services 17
- commission 14
- decision 13
- very 12
- large 12
- trusted 11
- action 11
- paragraph 11
- plan 10
- referred 10
- relevant 9
- digital 9
- measures 9
- status 9
- accordance 8
- flagger 8
- necessary 8
- the 7
- online_platform 7
- online_platforms 7
- concerned 7
- within 6
- in article 6
- period 6
- through 6
- coordinator 6
- service 6
- provided 6
- following 6
- available 6
- board 6
- illegal 5
- article 5
- consumers 5
- taken 5
- investigation 5
- identity 5
- means 5
- redress 5
- entity 5
- communicate 5
- notices 5
- illegal_content 5
- online_search_engine 5
- content 5
- audit 5
- recipient_of_the_service 5
Article 17
Statement of reasons
1. Providers of hosting services shall provide a clear and specific statement of reasons to any affected recipients of the service for any of the following restrictions imposed on the ground that the information provided by the recipient_of_the_service is illegal_content or incompatible with their terms_and_conditions:
| (a) | any restrictions of the visibility of specific items of information provided by the recipient_of_the_service, including removal of content, disabling access to content, or demoting content; |
| (b) | suspension, termination or other restriction of monetary payments; |
| (c) | suspension or termination of the provision of the service in whole or in part; |
| (d) | suspension or termination of the recipient_of_the_service's account. |
2. Paragraph 1 shall only apply where the relevant electronic contact details are known to the provider. It shall apply at the latest from the date that the restriction is imposed, regardless of why or how it was imposed.
Paragraph 1 shall not apply where the information is deceptive high-volume commercial content.
3. The statement of reasons referred to in paragraph 1 shall at least contain the following information:
| (a) | information on whether the decision entails either the removal of, the disabling of access to, the demotion of or the restriction of the visibility of the information, or the suspension or termination of monetary payments related to that information, or imposes other measures referred to in paragraph 1 with regard to the information, and, where relevant, the territorial scope of the decision and its duration; |
| (b) | the facts and circumstances relied on in taking the decision, including, where relevant, information on whether the decision was taken pursuant to a notice submitted in accordance with Article 16 or based on voluntary own-initiative investigations and, where strictly necessary, the identity of the notifier; |
| (c) | where applicable, information on the use made of automated means in taking the decision, including information on whether the decision was taken in respect of content detected or identified using automated means; |
| (d) | where the decision concerns allegedly illegal_content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal_content on that ground; |
| (e) | where the decision is based on the alleged incompatibility of the information with the terms_and_conditions of the provider of hosting services, a reference to the contractual ground relied on and explanations as to why the information is considered to be incompatible with that ground; |
| (f) | clear and user-friendly information on the possibilities for redress available to the recipient_of_the_service in respect of the decision, in particular, where applicable through internal complaint-handling mechanisms, out-of-court dispute settlement and judicial redress. |
4. The information provided by the providers of hosting services in accordance with this Article shall be clear and easily comprehensible and as precise and specific as reasonably possible under the given circumstances. The information shall, in particular, be such as to reasonably allow the recipient_of_the_service concerned to effectively exercise the possibilities for redress referred to in of paragraph 3, point (f).
5. This Article shall not apply to any orders referred to in Article 9.
Article 22
Trusted flaggers
1. Providers of online_platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to in Article 16, are given priority and are processed and decided upon without undue delay.
2. The status of ‘trusted flagger’ under this Regulation shall be awarded, upon application by any entity, by the Digital Services Coordinator of the Member State in which the applicant is established, to an applicant that has demonstrated that it meets all of the following conditions:
| (a) | it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal_content; |
| (b) | it is independent from any provider of online_platforms; |
| (c) | it carries out its activities for the purposes of submitting notices diligently, accurately and objectively. |
3. Trusted flaggers shall publish, at least once a year easily comprehensible and detailed reports on notices submitted in accordance with Article 16 during the relevant period. The report shall list at least the number of notices categorised by:
| (a) | the identity of the provider of hosting services, |
| (b) | the type of allegedly illegal_content notified, |
| (c) | the action taken by the provider. |
Those reports shall include an explanation of the procedures in place to ensure that the trusted flagger retains its independence.
Trusted flaggers shall send those reports to the awarding Digital Services Coordinator, and shall make them publicly available. The information in those reports shall not contain personal data.
4. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and email addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2 or whose trusted flagger status they have suspended in accordance with paragraph 6 or revoked in accordance with paragraph 7.
5. The Commission shall publish the information referred to in paragraph 4 in a publicly available database, in an easily accessible and machine-readable format, and shall keep the database up to date.
6. Where a provider of online_platforms has information indicating that a trusted flagger has submitted a significant number of insufficiently precise, inaccurate or inadequately substantiated notices through the mechanisms referred to in Article 16, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 20(4), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. Upon receiving the information from the provider of online_platforms, and if the Digital Services Coordinator considers that there are legitimate reasons to open an investigation, the status of trusted flagger shall be suspended during the period of the investigation. That investigation shall be carried out without undue delay.
7. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received from third parties, including the information provided by a provider of online_platforms pursuant to paragraph 6, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger.
8. The Commission, after consulting the Board, shall, where necessary, issue guidelines to assist providers of online_platforms and Digital Services Coordinators in the application of paragraphs 2, 6 and 7.
Article 32
Right to information
1. Where a provider of an online_platform allowing consumers to conclude distance_contracts with traders becomes aware, irrespective of the means used, that an illegal product or service has been offered by a trader to consumers located in the Union through its services, that provider shall inform, insofar as it has their contact details, consumers who purchased the illegal product or service through its services of the following:
| (a) | the fact that the product or service is illegal; |
| (b) | the identity of the trader; and |
| (c) | any relevant means of redress. |
The obligation laid down in the first subparagraph shall be limited to purchases of illegal products or services made within the six months preceding the moment that the provider became aware of the illegality.
2. Where, in the situation referred to in paragraph 1, the provider of the online_platform allowing consumers to conclude distance_contracts with traders does not have the contact details of all consumers concerned, that provider shall make publicly available and easily accessible on its online_interface the information concerning the illegal product or service, the identity of the trader and any relevant means of redress.
SECTION 5
Additional obligations for providers of very large online_platforms and of very large online_search_engines to manage systemic risks
Article 75
Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
1. When adopting a decision pursuant to Article 73 in relation to an infringement by a provider of a very large online_platform or of a very large online_search_engine of any of the provisions of Section 5 of Chapter III, the Commission shall make use of the enhanced supervision system laid down in this Article. When doing so, it shall take utmost account of any opinion of the Board pursuant to this Article.
2. In the decision referred to in Article 73, the Commission shall require the provider of a very large online_platform or of a very large online_search_engine concerned to draw up and communicate, within a reasonable period specified in the decision, to the Digital Services Coordinators, the Commission and the Board an action plan setting out the necessary measures which are sufficient to terminate or remedy the infringement. Those measures shall include a commitment to perform an independent audit in accordance with Article 37(3) and (4) on the implementation of the other measures, and shall specify the identity of the auditors, as well as the methodology, timing and follow-up of the audit. The measures may also include, where appropriate, a commitment to participate in a relevant code of conduct, as provided for in Article 45.
3. Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Commission. Within one month following receipt of that opinion, the Commission shall decide whether the measures set out in the action plan are sufficient to terminate or remedy the infringement, and shall set a reasonable period for its implementation. The possible commitment to adhere to relevant codes of conduct shall be taken into account in that decision. The Commission shall subsequently monitor the implementation of the action plan. To that end, the provider of a very large online_platform or of a very large online_search_engine concerned shall communicate the audit report to the Commission without undue delay after it becomes available, and shall keep the Commission up to date on steps taken to implement the action plan. The Commission may, where necessary for such monitoring, require the provider of a very large online_platform or of a very large online_search_engine concerned to provide additional information within a reasonable period set by the Commission.
The Commission shall keep the Board and the Digital Services Coordinators informed about the implementation of the action plan, and about its monitoring thereof.
4. The Commission may take necessary measures in accordance with this Regulation, in particular Article 76(1), point (e), and Article 82(1), where:
| (a) | the provider of the very large online_platform or of the very large online_search_engine concerned fails to provide any action plan, the audit report, the necessary updates or any additional information required, within the applicable period; |
| (b) | the Commission rejects the proposed action plan because it considers that the measures set out therein are insufficient to terminate or remedy the infringement; or |
| (c) | the Commission considers, on the basis of the audit report, any updates or additional information provided or any other relevant information available to it, that the implementation of the action plan is insufficient to terminate or remedy the infringement. |
whereas