DSA Article 16: Obligations, Deadlines & Penalties

Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Regulation (EU) 2022/2065, Article 16, Article 16

The notice and action mechanisms shall be easy to access and user-friendly, and shall allow for the submission of notices exclusively by electronic means. Regulation (EU) 2022/2065, Article 16, Article 16

Providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing a sufficiently substantiated explanation of the reasons why the information is alleged to be illegal. Regulation (EU) 2022/2065, Article 16, Article 16

Providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing a clear indication of the exact electronic location of the information, such as the exact URL. Regulation (EU) 2022/2065, Article 16, Article 16

Providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing the name and email address of the individual or entity submitting the notice, except for offences referred to in Articles 3 to 7 of Directive 2011/93/EU. Regulation (EU) 2022/2065, Article 16, Article 16

Providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing a statement confirming the bona fide belief of the individual or entity that the information and allegations are accurate and complete. Regulation (EU) 2022/2065, Article 16, Article 16

Where the notice contains the electronic contact information of the individual or entity that submitted it, the provider of hosting services shall, without undue delay, send a confirmation of receipt of the notice to that individual or entity. Regulation (EU) 2022/2065, Article 16, Article 16

The provider shall, without undue delay, notify the individual or entity of its decision in respect of the information to which the notice relates, providing information on the possibilities for redress. Regulation (EU) 2022/2065, Article 16, Article 16

Providers of hosting services shall process any notices that they receive and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Regulation (EU) 2022/2065, Article 16, Article 16

Where providers of hosting services use automated means for processing or decision-making, they shall include information on such use in the notification referred to in paragraph 5. Regulation (EU) 2022/2065, Article 16, Article 16