### 3. recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the committee on the internal market and consumer protection (imco); highlights , in this context , the adoption of imco’s report on the digital markets act (dma) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; ### 3. recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the committee on the internal market and consumer protection (imco); highlights , in this context , the adoption of imco’s report on the digital markets act (dma) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; believes that an evidence-based assessment should be used to identify firms with dominant market power and that the proportionate and targeted regime towards those companies and activities where the risk of harm is greatest would be a more effective and future-proof approach;


### 4. underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the commission in the framework of the dma , as set out in imco’s report; ### 4. underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the commission in the framework of the dma , as set out in imco’s report; agrees that optimal policy should take into account also its effect on innovation rates;


### 5. notes that the consumer internet of things (iot) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector , such as the lack of interoperability between various iot products and/or services , which could reduce competition and consumer choice; welcomes the commission’s sector inquiry into the iot and calls on the commission to take further action regarding standards , data portability and access; ### 5. notes that the consumer internet of things (iot) sector will expand significantly in the coming years but recognises that shortcomings might still exist in this sector , such as the lack of interoperability between various iot products and/or services , which could reduce competition and consumer choice; calls on the commission to prepare a thorough analysis of such potential impacts on the internal market , including a cost-benefit analysis of any regulatory intervention; welcomes the commission’s sector inquiry into the iot and calls on the commission , where necessary and where the net benefits are proven by the impact assessment , to take further action regarding data portability and access;


### 6. notes that the vertical block exemption regulation1 and related vertical guidelines2 have been inadequately adapted for recent market developments , notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector , where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship , thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; ### 6. notes that the vertical block exemption regulation1 and related vertical guidelines2 have been inadequately adapted for recent market developments , notably the growth of online sales and online platforms; notes that a detailed impact assessment would be an important input for the revision discussions; calls on the commission to quantify net present value of each option;


### b. whereas competition policy should aim to support the european green deal; ### deleted


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy is a tool for promoting efficient use of resources and protection of the freedom of economic action of various market participants , and not as an end in itself , without reference to the legal , economic , political and social context;


### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; ### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; calls on the commission to ensure that these temporary state aid measures are limited in scope , duration and amount , and do not create permanent distortions in the internal market;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for raising the efficiency of public investments;


### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct; ### 6. considers the expansionary monetary policy , rising energy and food prices to be the main drivers of the current hike in inflation; notes some undertakings’ freeriding in the context of rising energy and food prices; reiterates that market prices should not be viewed as a problem requiring regulation , because they are indicative of the underlying economic conditions , and provide valuable information to market participants and public authorities alike; calls on the commission in this regard to thoroughly consider possible unintended consequences of its actions conducted under competition law; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;


### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; ### 7. calls on the commission to make full use of the existing tools and mechanisms for investigating and enforcing competition law;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the commission to develop guidance on how it would consider efficiencies as they relate to matters of public interest , such as climate protection , sustainability and the rule of law; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more appropriate conditions;


### 9. urges the commission to take decisive action , under article 22 of the ec merger regulation , against ‘killer acquisitions’ that must be reported to the commission under the digital markets act (‘dma’); ### 9. urges the commission to ensure that mergers and acquisitions are reviewed and approved in a fair , transparent , and efficient manner , and if appropriate , to take action , under article 22 of the ec merger regulation , against ‘killer acquisitions’ that must be reported to the commission under the digital markets act (‘dma’);


### 10. calls for the commission’s procedure for examining a concentration to be shortened by making full use of digitalisation; ### 10. calls for the commission’s procedure for examining a concentration to be shortened by making full use of digitalisation , resulting , if appropriate , in eliminating regulatory barriers for new or smaller companies to access the market;


### 11. welcomes the commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under article 101(1) tfeu , as demonstrated by its reference to ‘no-poach’ agreements14 ; calls on the commission to use the effects on wages as a benchmark when establishing infringements of competition law; ### 11. recognises the commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under article 101(1) tfeu; calls on the commission to carefully balance the potential effects on wages with the need to ensure a competitive market;


### 13. calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained , but conditions for competition would improve significantly if unbundling measures were applied; ### 13. calls on the commission to investigate potential costs and benefits of the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations , taking into account potential unintended consequences , such as the fragmentation of efficient and integrated business models;


### 14. underlines the importance of adopting interim measures in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; therefore supports the commission in enhancing the use of interim measures under the existing regulation (ec) no 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities; ### 14. underlines the importance of adopting interim measures in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; supports the commission in ensuring that interim measures are used sparingly and only in cases where there is clear evidence of irreparable harm to competition; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities;


### 19. welcomes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare , which should include not only price levels , but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare , prevent deforestation , or provide for living wages; ### 19. notes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need to ensure that derogations from standard competition rules are granted only if they create efficiencies significant enough to offset the possible negative effects on restriction of competition; asks the commission to develop a strategy to assess and evaluate these efficiencies;


### 20. is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices , in particular with regard to achieving sustainability goals; ### 20. is of the opinion that sustainability is more effectively pursued not by derogations from competition law provisions , but through targeted enforcement by competition authorities addressing anticompetitive practices that lead to unsustainable behaviour;


### 22. stresses that parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of parliament’s right to intervene in judicial proceedings concerning competition law; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy; ### 22. stresses that parliament should be adequately involved in shaping competition policy;


### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. ### deleted


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression including the freedom to receive and impart information and ideas in an open and democratic society , freedom of polemic or controversial views in the course of public debate , freedom of media and access to information and the freedom to conduct a business , and the right to non-discrimination , and the right to protect personal data


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services means that union citizens and other persons should be allowed , in an appropriate manner , to exercise online their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. to that end , it is unacceptable for the terms and conditions of such providers to be able to serve as a basis for the removal or disabling of content that is not manifestly illegal.


### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the illegal content. ### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the manifestly illegal content; or


### 1. 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. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services , with the exception of micro or small enterprises as defined in recommendation 2003/361/ec , 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. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means.


### 1. 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. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. 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. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means in the language of the linguistic region in which the providers of hosting services are offering their services.


### 1. 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. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. 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 manifestly illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). nonetheless , the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. therefore , the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , with the exception of micro or small enterprises as defined in commission recommendation 2003/361/ec , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). very large online social platforms should remove , on their own initiative , only manifestly illegal content related to serious crimes , including in response to a notice. provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) a hosting service provider should not decide by itself to remove or disable information provided by a recipient of the service , either following receipt of a notice or acting on its own initiative , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression , unless the content is manifestly illegal and related to serious crimes. even in the latter case , available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) where a hosting service provider , within the limits of the rules laid down by this regulation , decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be manifestly illegal content related to serious crimes , illegal content or incompatible with the applicable terms and conditions. this obligation should not apply to micro and small enterprises as defined in commission recommendation 2003/361/ec. available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should prevent the reappearance of the notified or equivalent illegal information. the provider should also inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned. ### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court and in in-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned.


### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned. ### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court and in-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned.


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council43 . ### deleted


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43 ### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner and have a long history of unpartisan behavior. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43 ### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner and have a long history of unpartisan behaviour. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43


### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents. ### deleted


### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents. ### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of wrongful notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents.


### 6. the digital services coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines , following an investigation either on its own initiative or on the basis information received by third parties , including the information provided by an online platform pursuant to paragraph 5 , that the entity no longer meets the conditions set out in paragraph 2. before revoking that status , the digital services coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger ### deleted


### 6. the digital services coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines , following an investigation either on its own initiative or on the basis information received by third parties , including the information provided by an online platform pursuant to paragraph 5 , that the entity no longer meets the conditions set out in paragraph 2. before revoking that status , the digital services coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger. ### 6. the digital services coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines , following an investigation either on its own initiative or on the basis information received by third parties , including the information provided by an online platform pursuant to paragraph 5 , that the entity no longer meets the conditions set out in paragraph 2. before revoking that status , the digital services coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger in the language of the linguistic region in which the flagger is established.


### 7. the commission , after consulting the board , may issue guidance to assist online platforms and digital services coordinators in the application of paragraphs 5 and 6. ### deleted


### 1. 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. ### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning in the language of the linguistic region in which the online platform is offering its services , the provision of their services to recipients of the service that frequently provide manifestly illegal content.


### 1. 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. ### 1. online platforms may 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 proven illegal content , taking into account the severity of the illegal content disseminated via the online platform.


### article 36 ### deleted


### 1. the commission shall encourage and facilitate the drawing up of codes of conduct at union level between , online platforms and other relevant service providers , such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of articles 24 and 30. ### 1. the commission shall encourage and facilitate the drawing up of codes of conduct at union level between , online platforms and other relevant service providers , such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of articles 24 and 30 , but also to further transparency between all the players involved in the programmatic advertising value chain.


### [...] ### deleted


### (6) in practice , certain providers of intermediary services intermediate in relation to services that may or may not be provided by electronic means , such as remote information technology services , transport , accommodation or delivery services. this regulation should apply only to intermediary services and not affect requirements set out in union or national law relating to products or services intermediated through intermediary services , including in situations where the intermediary service constitutes an integral part of another service which is not an intermediary service as specified in the case law of the court of justice of the european union. ### (6) in practice , certain providers of intermediary services intermediate in relation to services that may or may not be provided by electronic means , such as remote information technology services , transport of persons and goods , accommodation or delivery services. this regulation should apply only to intermediary services and not affect requirements set out in union or national law relating to products or services intermediated through intermediary services , including in situations where the intermediary service constitutes an integral part of another service which is not an intermediary service as specified in the case law of the court of justice of the european union.


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be based on the general idea that what is illegal offline should also be illegal online. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , offering services that require a licence or approval from a competent national authority without having the appropriate credentials , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should underpin the general idea that what is illegal offline should also be illegal online. the concept should be defined broadly to cover information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law and what the precise nature or subject matter is of the law in question.


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be appropriately differentiated from the concept of "potentially illegal content". in particular , the concept of "illegal content" should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities , thereby following the general idea that what is illegal offline should also be illegal online , while ensuring that what is legal offline should also be legal online. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , revenge porn , deepfakes , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


### (34) in order to achieve the objectives of this regulation , and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment , it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service , including minors and vulnerable users , protect the relevant fundamental rights enshrined in the charter , to ensure meaningful accountability of those providers and to empower recipients and other affected parties , whilst facilitating the necessary oversight by competent authorities. ### (34) in order to achieve the objectives of this regulation , and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment , it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service , including minors , protect the relevant fundamental rights enshrined in the charter , to ensure meaningful accountability of those providers and to empower recipients and other affected parties , whilst facilitating the necessary oversight by competent authorities.


### (36) in order to facilitate smooth and efficient communications relating to matters covered by this regulation , providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact , including the languages to be used in such communications. the point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. in contrast to the legal representative , the point of contact should serve operational purposes and should not necessarily have to have a physical location . ### (36) in order to facilitate smooth and efficient communications relating to matters covered by this regulation , providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact , including the languages to be used in such communications. in contrast to the legal representative , the point of contact should serve operational purposes and should not necessarily have to have a physical location .


### (47) the misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems , respectively , established under this regulation undermines trust and harms the rights and legitimate interests of the parties concerned. therefore , there is a need to put in place appropriate and proportionate safeguards against such misuse. information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson , without any substantive analysis , that the content is illegal respectively that the notices or complaints are unfounded. under certain conditions , online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. this is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. for reasons of transparency , this possibility should be set out , clearly and in sufficiently detail , in the terms and conditions of the online platforms. redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent digital services coordinator. the rules of this regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services , in accordance with the applicable union and national law. those rules are without prejudice to any possibility to hold the persons engaged in misuse liable , including for damages , provided for in union or national law. ### (47) the misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems , respectively , established under this regulation undermines trust and harms the rights and legitimate interests of the parties concerned. therefore , there is a need to put in place appropriate and proportionate safeguards against such misuse. information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson , without any substantive analysis , that the content is illegal respectively that the notices or complaints are unfounded. users and material should never be deleted in an automatic way due to notices and complaints. under certain conditions , online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. this is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. for reasons of transparency , this possibility should be set out , clearly and in sufficiently detail , in the terms and conditions of the online platforms. redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent digital services coordinator. the rules of this regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services , in accordance with the applicable union and national law. those rules are without prejudice to any possibility to hold the persons engaged in misuse liable , including for damages , provided for in union or national law.


### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein. ### (52) online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein.


### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result. ### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , especially the basic right to an account for all legal users , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result.


### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result. ### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , especially the basic right to an account for all legal users , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to ensure that very large online platforms fulfil the aforementioned roles to the fullest extent and do not limit the public debate , or silence dissenting opinions , there being no alternative and less restrictive measures that would effectively achieve the same result. in general , everyone shall have the right to be on a very large online platform. only in very exceptional cases , one can be permanently denied access to a very large online platform , as in cases where the recipient repeatedly disseminates manifest illegal content that violates the public order , or the public health. the decision to permanently ban a recipient should always be able to be revoked by a competent court in accordance with the law of the member states.


### (56) very large online platforms are used in a way that strongly influences safety online , the shaping of public opinion and discourse , as well as on online trade. the way they design their services is generally optimised to benefit their often advertising-driven business models and can cause societal concerns. in the absence of effective regulation and enforcement , they can set the rules of the game , without effectively identifying and mitigating the risks and the societal and economic harm they can cause. under this regulation , very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service , as well as by potential misuses by the recipients of the service , and take appropriate mitigating measures. ### (56) very large online platforms are used in a way that strongly influences safety online , the shaping of public opinion and discourse , as well as on online trade and transport and tourism services. the way they design their services is generally optimised to benefit their often advertising-driven business models and can cause societal concerns. in the absence of effective regulation and enforcement , they can set the rules of the game , without effectively identifying and mitigating the risks and the societal and economic harm they can cause. under this regulation , very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service , as well as by potential misuses by the recipients of the service , and take appropriate mitigating measures.


### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions. ### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content.


### (68) it is appropriate that this regulation identify certain areas of consideration for such codes of conduct. in particular , risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. another area for consideration is the possible negative impacts of systemic risks on society and democracy , such as disinformation or manipulative and abusive activities. this includes coordinated operations aimed at amplifying information , including disinformation , such as the use of bots or fake accounts for the creation of fake or misleading information , sometimes with a purpose of obtaining economic gain , which are particularly harmful for vulnerable recipients of the service , such as children. in relation to such areas , adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. the refusal without proper explanations by an online platform of the commission’s invitation to participate in the application of such a code of conduct could be taken into account , where relevant , when determining whether the online platform has infringed the obligations laid down by this regulation. ### deleted


### (71) in case of extraordinary circumstances affecting public security or public health , the commission may initiate the drawing up of crisis protocols to coordinate a rapid , collective and cross-border response in the online environment. extraordinary circumstances may entail any unforeseeable event , such as earthquakes , hurricanes , pandemics and other serious cross-border threats to public health , war and acts of terrorism , where , for example , online platforms may be misused for the rapid spread of illegal content or disinformation or where the need arises for rapid dissemination of reliable information. in light of the important role of very large online platforms in disseminating information in our societies and across borders , such platforms should be encouraged in drawing up and applying specific crisis protocols. such crisis protocols should be activated only for a limited period of time and the measures adopted should also be limited to what is strictly necessary to address the extraordinary circumstance. those measures should be consistent with this regulation , and should not amount to a general obligation for the participating very large online platforms to monitor the information which they transmit or store , nor actively to seek facts or circumstances indicating illegal content. ### (71) in case of extraordinary circumstances affecting public security or public health , service providers may initiate the drawing up of crisis protocols to coordinate a rapid , collective and cross-border response in the online environment. extraordinary circumstances may entail any unforeseeable event , such as earthquakes , pandemics and other serious cross-border threats to public health , war and acts of terrorism , where , for example , online platforms may be misused for the rapid spread of illegal content or disinformation or where the need arises for rapid dissemination of reliable information. in light of the important role of very large online platforms in disseminating information in our societies and across borders , such platforms should be encouraged in drawing up and applying specific crisis protocols. such crisis protocols should be activated only for a limited period of time and the measures adopted should also be limited to what is strictly necessary to address the extraordinary circumstance. those measures should be consistent with this regulation , and should not amount to a general obligation for the participating very large online platforms to monitor the information which they transmit or store , nor actively to seek facts or circumstances indicating illegal content.


### (88) in order to ensure a consistent application of this regulation , it is necessary to set up an independent advisory group at union level , which should support the commission and help coordinate the actions of digital services coordinators. that european board for digital services should consist of the digital services coordinators , without prejudice to the possibility for digital services coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this regulation , where that is required pursuant to their national allocation of tasks and competences. in case of multiple participants from one member state , the voting right should remain limited to one representative per member state. ### deleted


### (89) the board should contribute to achieving a common union perspective on the consistent application of this regulation and to cooperation among competent authorities , including by advising the commission and the digital services coordinators about appropriate investigation and enforcement measures , in particular vis à vis very large online platforms. the board should also contribute to the drafting of relevant templates and codes of conduct and analyse emerging general trends in the development of digital services in the union. ### deleted


### (90) for that purpose , the board should be able to adopt opinions , requests and recommendations addressed to digital services coordinators or other competent national authorities. while not legally binding , the decision to deviate therefrom should be properly explained and could be taken into account by the commission in assessing the compliance of the member state concerned with this regulation. ### deleted


### (91) the board should bring together the representatives of the digital services coordinators and possible other competent authorities under the chairmanship of the commission , with a view to ensuring an assessment of matters submitted to it in a fully european dimension. in view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at union level , the board should be allowed to cooperate with other union bodies , offices , agencies and advisory groups with responsibilities in fields such as equality , including equality between women and men , and non-discrimination , data protection , electronic communications , audiovisual services , detection and investigation of frauds against the eu budget as regards custom duties , or consumer protection , as necessary for the performance of its tasks. ### deleted


### (91) the board should bring together the representatives of the digital services coordinators and possible other competent authorities under the chairmanship of the commission , with a view to ensuring an assessment of matters submitted to it in a fully european dimension. in view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at union level , the board should be allowed to cooperate with other union bodies , offices , agencies and advisory groups with responsibilities in fields such as equality , including equality between women and men , and non-discrimination , data protection , electronic communications , audiovisual services , detection and investigation of frauds against the eu budget as regards custom duties , or consumer protection , as necessary for the performance of its tasks. ### (91) the board should bring together the representatives of the digital services coordinators and possible other competent authorities under the chairmanship of the commission , with a view to ensuring an assessment of matters submitted to it in a fully european dimension. in view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at union level , the board should be allowed to cooperate with other union bodies , offices , agencies and advisory groups with responsibilities in fields such as equality , including equality between women and men , and non-discrimination , data protection , competition , electronic communications , audiovisual services , detection and investigation of frauds against the eu budget as regards custom duties , or consumer protection , as necessary for the performance of its tasks.


### (92) the commission , through the chair , should participate in the board without voting rights. through the chair , the commission should ensure that the agenda of the meetings is set in accordance with the requests of the members of the board as laid down in the rules of procedure and in compliance with the duties of the board laid down in this regulation. ### deleted


### (93) in view of the need to ensure support for the board’s activities , the board should be able to rely on the expertise and human resources of the commission and of the competent national authorities. the specific operational arrangements for the internal functioning of the board should be further specified in the rules of procedure of the board. ### deleted


### (95) in order to address those public policy concerns it is therefore necessary to provide for a common system of enhanced supervision and enforcement at union level. once an infringement of one of the provisions that solely apply to very large online platforms has been identified , for instance pursuant to individual or joint investigations , auditing or complaints , the digital services coordinator of establishment , upon its own initiative or upon the board’s advice , should monitor any subsequent measure taken by the very large online platform concerned as set out in its action plan. that digital services coordinator should be able to ask , where appropriate , for an additional , specific audit to be carried out , on a voluntary basis , to establish whether those measures are sufficient to address the infringement. at the end of that procedure , it should inform the board , the commission and the platform concerned of its views on whether or not that platform addressed the infringement , specifying in particular the relevant conduct and its assessment of any measures taken. the digital services coordinator should perform its role under this common system in a timely manner and taking utmost account of any opinions and other advice of the board. ### deleted


### regulation (eu) …./….on european production and preservation orders for electronic evidence in criminal matters and directive (eu) …./….laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings [e-evidence once adopted] ### deleted


### ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade , business or profession; ### ‘consumer’ means any natural person who is acting for purposes which are not connected to his or her trade , business , craft or profession;


### ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade , business or profession; ### ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade , business craft or profession;


### — a ‘hosting’ service that consists of the storage of information provided by , and at the request of , a recipient of the service; ### — a ‘hosting’ service that consists of the storage of information provided by , and at the request of , a recipient of the service , unless this activity is an ancillary and additional feature of another service which is not an information society service and cannot , for objective or technical reasons , be provided independently of it;


### providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in articles 3 , 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting , identifying and removing , or disabling of access to , illegal content , or take the necessary measures to comply with the requirements of union law , including those set out in this regulation. ### providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in articles 3 , 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting , identifying and removing , or disabling of access to , manifestly illegal content , or take the necessary measures to comply with the requirements of union law , including those set out in this regulation.


### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken. ### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of proven illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken.


### — a statement of reasons explaining why the information is illegal content , by reference to the specific provision of union or national law infringed; ### — a statement of reasons explaining why the content was proven illegal , by reference to the specific provision of union or national law infringed;


### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. ### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact , including their postal address , and shall ensure that this information is kept up to date.


### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , which can be used to communicate with their points of contact and which shall include at least one of the official languages of the member state in which the provider of intermediary services has its main establishment or where its legal representative resides or is established. ### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , which can be used to communicate with their points of contact and which shall include the official languages of the member state in which the provider of intermediary services has its main establishment or offers its activities or where its legal representative resides or is established.


### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. ### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear , unambiguous , straightforward and understandable language and shall be publicly available in an easily accessible format.


### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. ### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language , shall be publicly available in an easily accessible format and shall be provided at least in the language of the linguistic region in which the providers of intermediary services are offering their services.