Obligations for intermediaries:

• Obligation to designate a single point of contact for service recipients in accordance with the requirements of Articles 11 and 12 of Regulation (EU) 2022/2065;
• Obligation to appoint a representative in the EU if intermediaries are established outside the EU, as per Article 13 of Regulation (EU) 2022/2065;
• Obligation to draft General Terms regarding the information on all restrictions that intermediaries impose regarding the use of their services concerning information provided by service recipients (Article 14 of Regulation (EU) 2022/2065):

- The General Terms must include information about all restrictions that intermediaries impose regarding the use of their services concerning information provided by service recipients. This information should be presented in clear, simple, understandable, accessible, and unambiguous language. It should be publicly available in an easily accessible and machine-readable format and cover details such as policies, procedures, measures, and tools used for content moderation, including algorithmic decision-making and human review, as well as the procedural rules of their internal complaint-handling system;

- Informing service recipients about any significant changes to the general terms;

- When an intermediary service is primarily directed at minors or is predominantly used by them, the provider explains the terms and any restrictions on using the service in a manner that minors can understand;

- Intermediary service providers act conscientiously, objectively, and proportionally when applying and ensuring compliance with restrictions, while duly respecting the rights and legitimate interests of all participants, including the fundamental rights of service recipients, such as freedom of expression, media freedom, and other fundamental rights and freedoms enshrined in the Charter.

• Obligation to publish reports at least once a year in machine-readable format on all content moderation activities in which they have participated during the respective period. These reports should be easily accessible, clear, and understandable. Specifically, the reports should include information on the following aspects:

- The number of orders received from the authorities of Member States, including orders to take action against illegal content and orders to provide information. These orders should be categorized by the type of relevant illegal content, the Member State issuing the order, and the median time required to inform the authority issuing the order or another body specified in the order for its receipt and implementation;

- Substantive and comprehensible information regarding content moderation on the initiative of providers, including the use of automated tools, measures taken to provide training and assistance to content moderation personnel, the number and type of measures affecting the availability, visibility, and accessibility of information provided by service recipients, and the ability of recipients to provide information through the service, as well as other related service limitations. The reported information should be categorized by the type of illegal content or violation of the provider’s terms, the detection method, and the type of applied restriction;

- For intermediary service providers – the number of complaints received through internal complaint-handling systems in accordance with the provider’s general terms, and for online platforms – in accordance with Article 20, the grounds for these complaints, decisions made regarding these complaints, the median time required for making these decisions, and the number of cases in which these decisions have been overturned;

- All instances of using automated tools for content moderation, including a qualitative description, specifying the exact goals, indicators of accuracy, and the potential error percentage of the automated tools used to achieve these goals, along with any applicable warranties.

Obligations for hosting service providers:

• In the reports on each content moderation activity, which should be published at least once a year, hosting service providers should also include the number of notifications submitted in accordance with Article 16 of Regulation (EU) 2022/2065. These notifications should be categorized by the type of presumed illegal content, the number of notifications submitted by trusted signal providers, each action taken based on the notifications (distinguishing whether the action was taken based on legal provisions or the provider’s general terms), the number of notifications processed through automated means, and the median time required for taking action.
• They should introduce mechanisms that allow any natural person or legal entity to report the presence of specific information considered illegal in their service and to inform the relevant natural person or legal entity of their decision, in accordance with Article 16 of Regulation (EU) 2022/2065.
• To provide each affected service recipient with clear and specific explanations for any restrictions imposed based on the circumstance that the information provided by the recipient constitutes illegal content or is incompatible with their general terms, in accordance with Article 17 of Regulation (EU) 2022/2065.
• In cases where there is a threat to life or safety of an individual or individuals, to immediately inform law enforcement or judicial authorities of the relevant Member State(s) in accordance with Article 18 of Regulation (EU) 2022/2065.

Obligations for online platform providers:

• To establish an internal electronic complaint-handling system free of charge, as per Article 20 of Regulation (EU) 2022/2065.
• To temporarily suspend services to recipients who frequently provide blatantly illegal content, as well as to cease processing notifications and complaints from individuals/entities that frequently submit clearly unfounded ones, making decisions objectively based on whether the recipient is abusing the system, in accordance with Article 23 of Regulation (EU) 2022/2065.
• To clearly define in their General Terms a policy regarding abuses, providing examples of the facts and circumstances they consider when assessing whether specific behavior constitutes abuse and specifying the duration of suspensions.
• To transparently report, in accordance with the requirements of Articles 15 and 24 of Regulation (EU) 2022/2065.
• If applicable, to display advertisements in their online interfaces while ensuring compliance with the requirements outlined in Article 26 of Regulation (EU) 2022/2065.
• They must not design, organize, or exploit their online interfaces in a way that deceives or manipulates service recipients, or in a manner that significantly distorts or impairs the ability of recipients to make free and informed decisions.
• When using recommendation systems, they should clearly state in their general terms, using simple and understandable language, the basic parameters used in their recommendation systems, as well as all options for recipients to modify or influence these basic parameters.
• They must ensure online protection for minors and underage individuals in accordance with Article 28 of Regulation (EU) 2022/2065.
• Online platform providers allowing users to enter distance contracts with traders must guarantee that traders can use these online platforms to advertise messages or offer products or services to users located within the Union, only under the conditions and compliance with the requirements of Regulation (EU) 2022/2065.
• They must ensure that their online interface is designed and organized in accordance with the requirements of Article 31 of Regulation (EU) 2022/2065.
• When an online platform provider becomes aware, regardless of the means used, that an illegal product or service is being offered through their services by a consumer trader located in the Union, they must inform, to the extent they have contact data, the users who have purchased the illegal product or service through their services, in accordance with Article 32 of Regulation (EU) 2022/2065.

Exclusion of Micro and Small Enterprises:

According to Recommendation 2003/361/EC:

- Micro-enterprise: An enterprise with fewer than 10 employees and an annual turnover (the money received during a given period) or an annual balance (a statement of assets and liabilities of a given company) not exceeding 2 million euros.

- Small enterprise: An enterprise with fewer than 50 employees and an annual turnover or balance not exceeding 10 million euros.

The requirements in Article 15 of Regulation (EU) 2022/2065 regarding the publication of content moderation reports do not apply to intermediary service providers that meet the criteria for micro or small enterprises as defined in Recommendation 2003/361/EC and are not very large online platforms within the meaning of Article 33 of the current regulation (with a number of average monthly active users equal to or greater than 45 million).

The additional provisions in Section 4 of Regulation (EU) 2022/2065, applicable to online platform providers allowing users to enter distance contracts with traders, do not apply to online platform providers allowing users to enter distance contracts with traders who meet the criteria for micro or small enterprises, as well as to enter distance contracts with traders who previously met the criteria for micro or small enterprises.