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. 23 Measures and protection against misuse
- 1 Art. 39 Additional online advertising 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
- advertisement 12
- shall 12
- referred 9
- online_platforms 7
- information 6
- large 5
- recipients 5
- very 5
- repository 5
- service 5
- presented 5
- time 5
- notices 4
- misuse 4
- after 4
- providers 4
- period 4
- include 4
- person 4
- manifestly 4
- specific 3
- and 3
- applicable 3
- through 3
- they 3
- complaints 3
- submitted 3
- whether 3
- illegal_content 3
- circumstances 3
- groups 3
- including 3
- reasonable 3
- items 2
- provider 2
- within 2
- given 2
- numbers 2
- least 2
- in article 2
- from 2
- frame 2
- total 2
- number 2
- available 2
- paragraph 2
- terms_and_conditions 2
- legal 2
- used 2
- parameters 2
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.
Article 39
Additional online advertising transparency
1. Providers of very large online_platforms or of very large online_search_engines that present advertisements on their online_interfaces shall compile and make publicly available in a specific section of their online_interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in paragraph 2, for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online_interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented, and shall make reasonable efforts to ensure that the information is accurate and complete.
2. The repository shall include at least all of the following information:
| (a) | the content of the advertisement, including the name of the product, service or brand and the subject matter of the advertisement; |
| (b) | the natural or legal person on whose behalf the advertisement is presented; |
| (c) | the natural or legal person who paid for the advertisement, if that person is different from the person referred to in point (b); |
| (d) | the period during which the advertisement was presented; |
| (e) | whether the advertisement was intended to be presented specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose including where applicable the main parameters used to exclude one or more of such particular groups; |
| (f) | the commercial_communications published on the very large online_platforms and identified pursuant to Article 26(2); |
| (g) | the total number of recipients of the service reached and, where applicable, aggregate numbers broken down by Member State for the group or groups of recipients that the advertisement specifically targeted. |
3. As regards paragraph 2, points (a), (b) and (c), where a provider of very large online_platform or of very large online_search_engine has removed or disabled access to a specific advertisement based on alleged illegality or incompatibility with its terms_and_conditions, the repository shall not include the information referred to in those points. In such case, the repository shall include, for the specific advertisement concerned, the information referred to in Article 17(3), points (a) to (e), or Article 9(2), point (a)(i), as applicable.
The Commission may, after consultation of the Board, the relevant vetted researchers referred to in Article 40 and the public, issue guidelines on the structure, organisation and functionalities of the repositories referred to in this Article.
whereas