§ Digital Services Act · Article 17
DSA Article 17: Obligations, Deadlines & Penalties
At a glance
Article 17 of the DSA imposes 8 obligations on provider of hosting services. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 17
Obligation 1
Providers of hosting services shall provide a clear and specific statement of reasons to any affected recipients for restrictions imposed on the ground that information is illegal content or incompatible with terms and conditions.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
provide
- Deadline
-
at the latest from the date that the restriction is imposed
- Penalty
-
—
- Exemptions
- where the information is deceptive high-volume commercial content
Obligation 2
The statement of reasons shall contain information on whether the decision entails removal, disabling access, demotion, restriction of visibility, or suspension/termination of monetary payments, including territorial scope and duration.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 3
The statement of reasons shall contain the facts and circumstances relied on in taking the decision, including whether it was based on a notice or voluntary investigation, and the identity of the notifier where strictly necessary.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 4
The statement of reasons shall contain information on the use made of automated means in taking the decision, including whether content was detected or identified using automated means.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 5
Where the decision concerns allegedly illegal content, the statement shall contain a reference to the legal ground relied on and explanations as to why the information is considered illegal.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 6
Where the decision is based on alleged incompatibility with terms and conditions, the statement shall contain a reference to the contractual ground relied on and explanations as to why the information is considered incompatible.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 7
The statement of reasons shall contain clear and user-friendly information on the possibilities for redress available to the recipient, including internal complaint-handling mechanisms, out-of-court dispute settlement, and judicial redress.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
contain
- Deadline
-
—
- Penalty
-
—
Obligation 8
The information provided shall be clear, easily comprehensible, and as precise and specific as reasonably possible to allow the recipient to effectively exercise redress possibilities.
Regulation (EU) 2022/2065, Article 17, Article 17
- Obligated entity
-
provider of hosting services
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 17
Who must comply with Article 17 of the DSA?
+
provider of hosting services.
What does Article 17 of the DSA require?
+
provide contain ensure
What is the compliance deadline for DSA Article 17?
+
at the latest from the date that the restriction is imposed