In addition to the obligations of providers of intermediary services under the DSA hosting service providers have the following additional obligations:
- Reports on notifications and actions
(Articles 15 and 16 of the DSA)
Hosting service providers should include information in their annual transparency reports on:
- the number of notifications received for allegedly illegal content submitted under Article 16 of the DSA, categorised by type of content
- the number of notifications submitted by trusted flaggers
- any action taken on those notifications, distinguishing whether the action was taken:
- on the basis of a legal obligation (order from a competent authority), or
- on the basis of the provider’s general terms and conditions
- the number of notifications processed by automated means
- the time taken to take action after receiving a notification
- Mechanism for notifying illegal content
(Art. 16 of the DSA)
Hosting service providers are required to implement easily accessible and user-friendly mechanisms that allow any individual or organization to submit notifications of the presence of content on their service that is considered illegal.
After examining the notification, the provider is obliged to notify the sender of the decision taken and the action taken.
- Reasoned grounds for restrictions
(Art. 17 of the DSA)
When the provider imposes a restriction on content or a profile due to:
- the presence of illegal content or
- non-compliance with the general terms and conditions
it is obliged to provide the affected recipient of the service with:
- a clear,
- specific and
- accessible explanation
of the reasons and legal basis for the imposed restriction.
- Notification in case of threat to life or safety
(Art. 18 of the DSA)
When a threat to the life or physical safety of one or more persons is established, providers are obliged to immediately inform the competent law enforcement or judicial authorities of the relevant Member State or Member States.
