keyboard_tab Digital Service Act 2022/2065 EN

(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.

(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.

(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.

(a)

electronic submission of notices under Article 16;

(b)

templates, design and process standards for communicating with the recipients of the service in a user-friendly manner on restrictions resulting from terms_and_conditions and changes thereto;

(c)

electronic submission of notices by trusted flaggers under Article 22, including through application programming interfaces;

(d)

specific interfaces, including application programming interfaces, to facilitate compliance with the obligations set out in Articles 39 and 40;

(e)

auditing of very large online_platforms and of very large online_search_engines pursuant to Article 37;

(f)

interoperability of the advertisement repositories referred to in Article 39(2);

(g)

transmission of data between advertising intermediaries in support of transparency obligations pursuant to Article 26(1), points (b), (c) and (d);

(h)

technical measures to enable compliance with obligations relating to advertising contained in this Regulation, including the obligations regarding prominent markings for advertisements and commercial_communications referred to in Article 26;

(i)

choice interfaces and presentation of information on the main parameters of different types of recommender_systems, in accordance with Articles 27 and 38;

(j)

standards for targeted measures to protect minors online.

(a)

the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, including organisations performing the audits referred to in Article 37 and Article 75(2), to provide such information without undue delay;

(b)

the power to carry out, or to request a judicial authority in their Member State to order, inspections of any premises that those providers or those persons use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;

(c)

the power to ask any member of staff or representative of those providers or those persons to give explanations in respect of any information relating to a suspected infringement and to record the answers with their consent by any technical means.

(a)

the power to accept the commitments offered by those providers in relation to their compliance with this Regulation and to make those commitments binding;

(b)

the power to order the cessation of infringements and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end, or to request a judicial authority in their Member State to do so;

(c)

the power to impose fines, or to request a judicial authority in their Member State to do so, in accordance with Article 52 for failure to comply with this Regulation, including with any of the investigative orders issued pursuant to paragraph 1 of this Article;

(d)

the power to impose a periodic penalty payment, or to request a judicial authority in their Member State to do so, in accordance with Article 52 to ensure that an infringement is terminated in compliance with an order issued pursuant to point (b) of this subparagraph or for failure to comply with any of the investigative orders issued pursuant to paragraph 1 of this Article;

(e)

the power to adopt interim measures or to request the competent national judicial authority in their Member State to do so, to avoid the risk of serious harm.

(a)

to require the management body of those providers, without undue delay, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken;

(b)

where the Digital Services Coordinator considers that a provider of intermediary_services has not sufficiently complied with the requirements referred to in point (a), that the infringement has not been remedied or is continuing and is causing serious harm, and that that infringement entails a criminal offence involving a threat to the life or safety of persons, to request that the competent judicial authority of its Member State order the temporary restriction of access of recipients to the service concerned by the infringement or, only where that is not technically feasible, to the online_interface of the provider of intermediary_services on which the infringement takes place.

(a)

the provider of intermediary_services has failed to take the necessary measures to terminate the infringement;

(b)

the temporary restriction does not unduly restrict access to lawful information by recipients of the service, having regard to the number of recipients affected and whether any adequate and readily accessible alternatives exist.