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. 9 Orders to act against illegal content
- 1 Art. 16 Notice and action mechanisms
- 1 Art. 17 Statement of reasons
- 2 Art. 23 Measures and protection against misuse
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
- information 40
- shall 31
- order 22
- provider 14
- referred 14
- illegal_content 13
- services 12
- decision 11
- authority 11
- recipient_of_the_service 10
- individual 10
- entity 10
- paragraph 9
- hosting 9
- notices 9
- given 9
- notice 8
- provided 8
- mechanisms 8
- specific 8
- content 7
- intermediary_services 7
- applicable 7
- issuing 7
- respect 7
- such 7
- relevant 7
- national 6
- reasons 6
- the 6
- clear 6
- providers 6
- statement 6
- redress 6
- without 6
- effect 6
- suspension 6
- union 6
- from 5
- including 5
- language 5
- concerned 5
- electronic 5
- accordance 5
- ground 5
- necessary 5
- circumstances 5
- following 5
- submitted 5
- they 5
Article 9
Orders to act against illegal_content
1. Upon the receipt of an order to act against one or more specific items of illegal_content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall inform the authority issuing the order, or any other authority specified in the order, of any effect given to the order without undue delay, specifying if and when effect was given to the order.
2. Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:
| (a) | that order contains the following elements:
|
| (b) | the territorial scope of that order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, is limited to what is strictly necessary to achieve its objective; |
| (c) | that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and that provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph. |
3. The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.
4. After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all other Digital Services Coordinators through the system established in accordance with Article 85.
5. At the latest when effect is given to the order or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and to the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons, the possibilities for redress that exist, and a description of the territorial scope of the order, in accordance with paragraph 2.
6. The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.
Article 16
Notice and action mechanisms
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal_content. Those mechanisms shall be easy to access and user-friendly, and shall allow for the submission of notices exclusively by electronic means.
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices. To that end, the providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing all of the following elements:
| (a) | a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal_content; |
| (b) | a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal_content adapted to the type of content and to the specific type of hosting service; |
| (c) | the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; |
| (d) | a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete. |
3. Notices referred to in this Article shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow a diligent provider of hosting services to identify the illegality of the relevant activity or information without a detailed legal examination.
4. Where the notice contains the electronic contact information of the individual or entity that submitted it, the provider of hosting services shall, without undue delay, send a confirmation of receipt of the notice to that individual or entity.
5. The provider shall also, without undue delay, notify that individual or entity of its decision in respect of the information to which the notice relates, providing information on the possibilities for redress in respect of that decision.
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 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 23
Measures and protection against misuse
1. Providers of online_platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal_content.
2. Providers of online_platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in Articles 16 and 20, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
3. When deciding on suspension, providers of online_platforms shall assess, on a case-by-case basis and in a timely, diligent and objective manner, whether the recipient_of_the_service, the individual, the entity or the complainant engages in the misuse referred to in paragraphs 1 and 2, taking into account all relevant facts and circumstances apparent from the information available to the provider of online_platforms. Those circumstances shall include at least the following:
| (a) | the absolute numbers of items of manifestly illegal_content or manifestly unfounded notices or complaints, submitted within a given time frame; |
| (b) | the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame; |
| (c) | the gravity of the misuses, including the nature of illegal_content, and of its consequences; |
| (d) | where it is possible to identify it, the intention of the recipient_of_the_service, the individual, the entity or the complainant. |
4. Providers of online_platforms shall set out, in a clear and detailed manner, in their terms_and_conditions their policy in respect of the misuse referred to in paragraphs 1 and 2, and shall give examples of the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
whereas