CHAPTER III - Due Diligence Obligations for a transparent and safe online environment (Art. 11 - 48)
- Section 1 – Provisions applicable to all providers of intermediary services
- Article 11 – Points of contact for Member States’ authorities, the Commission and the Board
- Article 12 – Points of contact for recipients of the service
- Article 13 – Legal representatives
- Article 14 – Terms and conditions
- Article 15 – Transparency reporting obligations for providers of intermediary services
- Section 2 – Additional provisions applicable to providers of hosting services, including online platforms
- Article 16 – Notice and action mechanisms
- Article 17 – Statement of reasons
- Article 18 – Notification of suspicions of criminal offences
- Section 3 – Additional provisions applicable to providers of online platforms
- Article 19 – Exclusion for micro and small enterprises
- Article 20 – Internal complaint-handling system
- Article 21 – Out-of-court dispute settlement
- Article 22 – Trusted flaggers
- Article 23 – Measures and protection against misuse
- Article 24 – Transparency reporting obligations for providers of online platforms
- Article 25 – Online interface design and organisation
- Article 26 – Advertising on online platforms
- Article 27 – Recommender system transparency
- Article 28 – Online protection of minors
- Section 4 – Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
- Article 29 – Exclusion for micro and small enterprises
- Article 30 – Traceability of traders
- Article 31 – Compliance by design
- Article 32 – Right to information
- Section 5 – Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
- Article 33 – Very large online platforms and very large online search engines
- Article 34 – Risk assessment
- Article 35 – Mitigation of risks
- Article 36 – Crisis response mechanism
- Article 37 – Independent audit
- Article 38 – Recommender systems
- Article 39 – Additional online advertising transparency
- Article 40 – Data access and scrutiny
- Article 41 – Compliance function
- Article 42 – Transparency reporting obligations
- Article 43 – Supervisory fee
- Section 6 – Other provisions concerning due diligence obligations
- Article 44 – Standards
- Article 45 – Codes of conduct
- Article 46 – Codes of conduct for online advertising
- Article 47 – Codes of conduct for accessibility
- Article 48 – Crisis protocols
- Section 1 – Competent authorities and national Digital Services Coordinators
- Article 49 – Competent authorities and Digital Services Coordinators
- Article 50 – Requirements for Digital Services Coordinators
- Article 51 – Powers of Digital Services Coordinators
- Article 52 – Penalties
- Article 53 – Right to lodge a complaint
- Article 54 – Compensation
- Article 55 – Activity reports
- Section 2 – Competences, coordinated investigation and consistency mechanisms
- Article 56 – Competences
- Article 57 – Mutual assistance
- Article 58 – Cross-border cooperation among Digital Services Coordinators
- Article 59 – Referral to the Commission
- Article 60 – Joint investigations
- Section 3 – European Board for Digital Services
- Article 61 – European Board for Digital Services
- Article 62 – Structure of the Board
- Article 63 – Tasks of the Board
- Section 4 – Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
- Article 64 – Development of expertise and capabilities
- Article 65 – Enforcement of obligations of providers of very large online platforms and of very large online search engines
- Article 66 – Initiation of proceedings by the Commission and cooperation in investigation
- Article 67 – Requests for information
- Article 68 – Power to take interviews and statements
- Article 69 – Power to conduct inspections
- Article 70 – Interim measures
- Article 71 – Commitments
- Article 72 – Monitoring actions
- Article 73 – Non-compliance
- Article 74 – Fines
- Article 75 – Enhanced supervision of remedies to address infringements of obligations laid down in Section 5 of Chapter III
- Article 76 – Periodic penalty payments
- Article 77 – Limitation period for the imposition of penalties
- Article 78 – Limitation period for the enforcement of penalties
- Article 79 – Right to be heard and access to the file
- Article 80 – Publication of decisions
- Article 81 – Review by the Court of Justice of the European Union
- Article 82 – Requests for access restrictions and cooperation with national courts
- Article 83 – Implementing acts relating to Commission intervention
- Section 5 – Common provisions on enforcement
- Article 84 – Professional secrecy
- Article 85 – Information sharing system
- Article 86 – Representation
- Section 6 – Delegated and implementing acts
- Article 87 – Exercise of the delegation
- Article 88 – Committee procedure
Art. 15 DSA
Transparency reporting obligations for providers of intermediary services
- Providers of intermediary services shall make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year, clear, easily comprehensible reports on any content moderation that they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
(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. - Paragraph 1 of this Article shall not apply to providers of intermediary services that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC and which are not very large online platforms within the meaning of Article 33 of this Regulation.
- The Commission may adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1 of this Article, including harmonised reporting periods. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.