§ Digital Services Act · Article 23
DSA Article 23: Obligations, Deadlines & Penalties
At a glance
Article 23 of the DSA imposes 4 obligations on provider of online platforms.
§ Obligations
All obligations under Article 23
Obligation 1
Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Regulation (EU) 2022/2065, Article 23, Article 23
- Obligated entity
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provider of online platforms
- Action required
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suspend
- Deadline
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—
- Penalty
-
—
Obligation 2
Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Regulation (EU) 2022/2065, Article 23, Article 23
- Obligated entity
-
provider of online platforms
- Action required
-
suspend
- Deadline
-
—
- Penalty
-
—
Obligation 3
When deciding on suspension, providers of online platforms shall assess, on a case-by-case basis and in a timely, diligent and objective manner, whether the recipient of the service, the individual, the entity or the complainant engages in the misuse referred to in paragraphs 1 and 2, taking into account all relevant facts and circumstances.
Regulation (EU) 2022/2065, Article 23, Article 23
- Obligated entity
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provider of online platforms
- Action required
-
assess
- Deadline
-
—
- Penalty
-
—
Obligation 4
Providers of online platforms shall set out, in a clear and detailed manner, in their terms and conditions their policy in respect of the misuse referred to in paragraphs 1 and 2, and shall give examples of the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
Regulation (EU) 2022/2065, Article 23, Article 23
- Obligated entity
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provider of online platforms
- Action required
-
document
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 23
Who must comply with Article 23 of the DSA?
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provider of online platforms.
What does Article 23 of the DSA require?
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suspend assess document