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. 4 ‘Mere conduit’
- 1 Art. 5 ‘Caching’
- 2 Art. 27 Recommender system transparency
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 18
- transmission 10
- shall 10
- service 7
- does 5
- provided 5
- network 5
- recipient_of_the_service 5
- access 5
- modify 4
- parameters 4
- communication 4
- provider 4
- system 3
- judicial 3
- administrative 3
- article 3
- recipients 3
- select 3
- main 3
- recommender_systems 3
- used 3
- authority 3
- where 3
- online_platforms 2
- prevent 2
- condition 2
- recognised 2
- options 2
- accordance 2
- member state’s 2
- legal 2
- transmitted 2
- require 2
- terminate 2
- infringement 2
- affect 2
- more 2
- suggested 2
- liable 2
- upon 2
- available 2
- complies 2
- relative 2
- industry 2
- provision 2
- possibility 2
- widely 2
- article 2
- sole 2
Article 4
‘ Mere_conduit’
1. Where an information_society_service is provided that consists of the transmission in a communication network of information provided by a recipient_of_the_service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted or accessed, on condition that the provider:
| (a) | does not initiate the transmission; |
| (b) | does not select the receiver of the transmission; and |
| (c) | does not select or modify the information contained in the transmission. |
2. The acts of transmission and of provision of access referred to in paragraph 1 shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.
3. 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 5
‘ Caching’
1. Where an information_society_service is provided that consists of the transmission in a communication network of information provided by a recipient_of_the_service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that the provider:
| (a) | does not modify the information; |
| (b) | complies with conditions on access to the information; |
| (c) | complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry; |
| (d) | does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and |
| (e) | acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a judicial or an administrative authority has ordered such removal or disablement. |
2. 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 27
Recommender system transparency
1. Providers of online_platforms that use recommender_systems shall set out in their terms_and_conditions, in plain and intelligible language, the main parameters used in their recommender_systems, as well as any options for the recipients of the service to modify or influence those main parameters.
2. The main parameters referred to in paragraph 1 shall explain why certain information is suggested to the recipient_of_the_service. They shall include, at least:
| (a) | the criteria which are most significant in determining the information suggested to the recipient_of_the_service; |
| (b) | the reasons for the relative importance of those parameters. |
3. Where several options are available pursuant to paragraph 1 for recommender_systems that determine the relative order of information presented to recipients of the service, providers of online_platforms shall also make available a functionality that allows the recipient_of_the_service to select and to modify at any time their preferred option. That functionality shall be directly and easily accessible from the specific section of the online_platform’s online_interface where the information is being prioritised.
whereas