### (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 , effective and objective manner. such trusted flagger status should be awarded to entities , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they have significant legitimate interest and a proven record in flagging illegal content with a high rate of accuracy and that they have demonstrated their competence in detecting , identifying and notifying illegal content or represent collective interests and that they work in a diligent and objective manner. such entities can also 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 , individual right-holders , their representatives , duly mandated third parties organisations of industry and other independent entities that have a specific expertise and act in the best interests 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. 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 and against activities incompatible with the platform’s terms and conditions 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 or activities incompatible with the platform’s terms and conditions , that they represent public or 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. 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. 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. such entities can also include businesses who have a vested interest in flagging counterfeit products of their brand thus ensuring the online consumer experience is safer and more reliable. similarly , 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


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should be searchable , easy to access and functional and should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms could pose particular risks and require further public and regulatory supervision. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement.


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms pose particular risks depending on the category of the advertisement and require further public and regulatory supervision based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements related to public health , public security , civil discourse , political participation and equality. the repositories of the advertisements related to these categories should be displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation. repositories should include the content of advertisements in these specific categories and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service. ### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers , where relevant to a research project. all requests for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service.


### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service. ### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides frameworks for compelling access to data from very large online platforms to the digital services coordinator and the commission on the one hand , and , to vetted researchers , on the other hand. all requirements for access to data under those frameworks should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service.


### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service. ### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for providing information or compelling access to data from very large online platforms to vetted researchers where relevant to a research project. all requests for providing information or access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service.


### 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.


### 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 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 authority 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 ### 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 , carried out without undue delay , 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 ### 6. the authority 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


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


### 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. providers of intermediary services shall suspend , for a reasonable period of time , or in appropriate circumstances terminate , and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide 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 shall suspend , for a reasonable period of time and after having issued a prior warning , or in appropriate circumstances terminate , the provision of their services to recipients of the service that frequently provide illegal content.


### 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.


### 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 voluntary 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. ### 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 article 30 and article 6 of directive 2000/31/ec.


### the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of article 24; ### deleted


### the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to article 30. ### deleted


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


### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health. ### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of voluntary crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health.


### (4) therefore , in order to safeguard and improve the functioning of the internal market , a targeted set of uniform , effective and proportionate mandatory rules should be established at union level. this regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. the approximation of national regulatory measures at union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty , thus reducing uncertainty for developers and fostering interoperability. by using requirements that are technology neutral , innovation should not be hampered but instead be stimulated. ### (4) therefore , in order to safeguard and improve the functioning of the internal market , a targeted set of uniform , effective and proportionate mandatory rules should be established at union level. this regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. the approximation of national regulatory measures at union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty , thus reducing uncertainty for developers and fostering interoperability. by using requirements that are technology neutral , innovation and the competitiveness of european companies should not be hampered but instead be stimulated.


### (5) this regulation should apply to providers of certain information society services as defined in directive (eu) 2015/1535 of the european parliament and of the council26 , that is , any service normally provided for remuneration , at a distance , by electronic means and at the individual request of a recipient. specifically , this regulation should apply to providers of intermediary services , and in particular intermediary services consisting of services known as ‘mere conduit’ , ‘caching’ and ‘hosting’ services , given that the exponential growth of the use made of those services , mainly for legitimate and socially beneficial purposes of all kinds , has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activities. ### (5) this regulation should apply to providers of certain information society services as defined in directive (eu) 2015/1535 of the european parliament and of the council26 , that is , any service normally provided for remuneration , at a distance , by electronic means and at the individual request of a recipient. specifically , this regulation should apply to providers of intermediary services , and in particular intermediary services consisting of services known as ‘mere conduit’ , ‘caching’ and ‘hosting’ services , given that the exponential growth of the use made of those services , mainly for legitimate and socially beneficial purposes of all kinds , has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activities. given that online platforms are part of our everyday-life and have become indispensable , even more so since the pandemic , the spread of illegal and harmful content , such as child sexual abuse material , online sexual harassment , unlawful non-consensual sharing of private images and videos , cyber violence , has risen dramatically as well. ensuring a safe space online implies targeted actions against all phenomena harmfully affecting our social life , including through an awaited proposal on how to deal with harmful but not illegal content online.


### (8) such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states can be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering products or services , or using a national top level domain. the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from the provision of local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state. a substantial connection should also be assumed where a service provider directs its activities to one or more member state as set out in article 17(1)(c) of regulation (eu) 1215/2012 of the european parliament and of the council27 . on the other hand , mere technical accessibility of a website from the union cannot , on that ground alone , be considered as establishing a substantial connection to the union. ### (8) such a substantial connection to the union should be considered to exist where the service provider has an establishment in the union or , in its absence , on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states. the targeting of activities towards one or more member states should be determined on the basis of all relevant circumstances , including factors such as the use of a language or a currency generally used in that member state , or the possibility of ordering products or services , or using a national top level domain. the targeting of activities towards a member state could also be derived from the availability of an application in the relevant national application store , from the provision of local advertising or advertising in the language used in that member state , or from the handling of customer relations such as by providing customer service in the language generally used in that member state. a substantial connection should also be assumed where a service provider directs its activities to one or more member state as set out in article 17(1)(c) of regulation (eu) 1215/2012 of the european parliament and of the council. on the other hand , the mere technical accessibility of a website , of an email address or of other contact details from the union , cannot , on that ground alone , be considered sufficient to constitute a substantial connection to the union.


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply while not affecting the member states’competences to adopt and further develop laws , regulations and other measures in order to secure and promote the freedom of expression and information in the media , as well as cultural and linguistic diversity. where those acts leave member states the possibility of adopting certain measures at national level , this possibility should remain unaffected by this regulation , in particular their right to adopt stricter measures. in the event of a conflict between this regulation and directive 2010/13/eu as amended as well as national legislation taken in accordance with the directive , given that , in their entirety , they aim at securing and fostering the fulfilment of various objectives underpinning the audiovisual policies of the union and its member states , directive 2010/13/eu should prevail.


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) 2021/784 of the european parliament and of the council29. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level.


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 regulation (eu) 2021/784 of the european parliament and of the council29 and the recently adopted regulation of the european parliament and of the council on a temporary derogation from certain provisions of directive 2002/58/ec of the european parliament and of the council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level.


### (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 or videos , online stalking , the sale of non-compliant , counterfeit or illegal products , sale of illegal short-term rentals , 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) for the purpose of this regulation 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 it is not in compliance with union law since it refers 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 dangerous 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 hate speech , child sexual abuse material or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the 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 in order to underpin the general idea that what is illegal offline should also be illegal online. the concept should also 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 , child sexual abuse material or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as trafficking in human beings , sexual exploitation of women and girls , the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images and videos , online stalking , grooming adolescents , online sexual harassment and other forms of gender based violence , 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 , considering that what is illegal offline should also be illegal online 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 and gendered hate speech , 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. the social media platforms and other online operating actors need to be legally obliged to act against and remove all hate speech targeting women and girls.


### (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 , considering what is illegal offline should also be illegal online 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 and gendered hate speech , 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. the social media platforms and other online operating actors need to be legally obliged to act against and remove all hate speech targeting women and girls.


### (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 in connection with information relating to illegal content , products , services and activities. the illegal nature of such content , products or services is defined by relevant union law or national law in accordance with union law. the concept should be understood , for example , 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.


### (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 target illegal practises and 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 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 , women and girls , as well as 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.


### (37) providers of intermediary services that are established in a third country that offer services in the union should designate a sufficiently mandated legal representative in the union and provide information relating to their legal representatives , so as to allow for the effective oversight and , where necessary , enforcement of this regulation in relation to those providers. it should be possible for the legal representative to also function as point of contact , provided the relevant requirements of this regulation are complied with. ### (37) providers of intermediary services that are established in a third country that offer services in the union should designate a sufficiently mandated legal representative in the union and provide information relating to their legal representatives , so as to allow for the effective oversight and , where necessary , enforcement of this regulation in relation to those providers. it should be possible for the legal representative to also function as point of contact , provided the relevant requirements of this regulation are complied with. nothing in this regulation prohibits the providers of intermediary services from establishing collective representation or obtaining the services of a legal representative by other means , including contractual ones , provided that the legal representative can fulfill the role assigned to it in this regulation. providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec , and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort , should be able to request that the digital service coordinator of the member state where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions , including possibilities for collective representation.


### (49) in order to contribute to a safe , trustworthy and transparent online environment for consumers , as well as for other interested parties such as competing traders and holders of intellectual property rights , and to deter traders from selling products or services in violation of the applicable rules , online platforms allowing consumers to conclude distance contracts with traders should ensure that such traders are traceable. the trader should therefore be required to provide certain essential information to the online platform , including for purposes of promoting messages on or offering products. that requirement should also be applicable to traders that promote messages on products or services on behalf of brands , based on underlying agreements. those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary , so that it can be accessed , in accordance with the applicable law , including on the protection of personal data , by public authorities and private parties with a legitimate interest , including through the orders to provide information referred to in this regulation. ### (49) in order to contribute to a safe , trustworthy and transparent online environment for consumers , as well as for other interested parties such as competing traders and holders of intellectual property rights , and to deter traders from selling products or services in violation of the applicable rules , online platforms allowing consumers to conclude distance contracts with traders on the platforms should ensure that such traders are traceable. the trader should therefore be required to provide certain essential information to the online platform , including for purposes of promoting messages on or offering products. that requirement should also be applicable to traders that promote messages on products or services on behalf of brands , based on underlying agreements. those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary , so that it can be accessed , in accordance with the applicable law , including on the protection of personal data , by public authorities and private parties with a legitimate interest , including through the orders to provide information referred to in this regulation.


### (50) to ensure an efficient and adequate application of that obligation , without imposing any disproportionate burdens , the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system45 , or by requesting the traders concerned to provide trustworthy supporting documents , such as copies of identity documents , certified bank statements , company certificates and trade register certificates. they may also use other sources , available for use at a distance , which offer a similar degree of reliability for the purpose of complying with this obligation. however , the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. nor should such online platforms , which have made the reasonable efforts required by this regulation , be understood as guaranteeing the reliability of the information towards consumer or other interested parties. such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under union law , in particular the requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 . ### (50) to ensure an efficient and adequate application of that obligation , without imposing any disproportionate burdens , the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system45. as an example , freely accessible online databases of short-term holidays rentals compliant with national and local requirements could be set up and maintained by relevant authorities. online platforms listing such properties could check whether short-term holiday rentals can be legally rented out. additional verification means for platforms could include requesting the traders concerned to provide trustworthy supporting documents , such as copies of identity documents , certified bank statements , company certificates and trade register certificates. they may also use other sources , available for use at a distance , which offer a similar degree of reliability for the purpose of complying with this obligation. however , the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. nor should such online platforms , which have made the reasonable efforts required by this regulation , be understood as guaranteeing the reliability of the information towards consumer or other interested parties. such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under union law , in particular the requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 .


### (50) to ensure an efficient and adequate application of that obligation , without imposing any disproportionate burdens , the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system45 , or by requesting the traders concerned to provide trustworthy supporting documents , such as copies of identity documents , certified bank statements , company certificates and trade register certificates. they may also use other sources , available for use at a distance , which offer a similar degree of reliability for the purpose of complying with this obligation. however , the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. nor should such online platforms , which have made the reasonable efforts required by this regulation , be understood as guaranteeing the reliability of the information towards consumer or other interested parties. such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under union law , in particular the requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 . ### (50) to ensure an efficient and adequate application of that obligation , without imposing any disproportionate burdens , the online platforms covered should make reasonable efforts to verify the reliability of some of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system.45 the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. nor should such online platforms , which have made the reasonable efforts required by this regulation , be understood as guaranteeing the reliability of the information towards consumer or other interested parties or be liable for this information in case it proves to be inaccurate. such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under union law , in particular the requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 .


### (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 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. 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 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 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 reproducing stereotypical content with an impact on the equal treatment and opportunities of citizens against the gender equality principle. 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.


### (55) in view of the network effects characterising the platform economy , the user base of an online platform may quickly expand and reach the dimension of a very large online platform , with the related impact on the internal market. this may be the case in the event of exponential growth experienced in short periods of time , or by a large global presence and turnover allowing the online platform to fully exploit network effects and economies of scale and of scope. a high annual turnover or market capitalisation can in particular be an indication of fast scalability in terms of user reach. in those cases , the digital services coordinator should be able to request more frequent reporting from the platform on the user base to be able to timely identify the moment at which that platform should be designated as a very large online platform for the purposes of this regulation. ### (55) in view of the network effects characterising the platform , gig and on-demand economy , the user base of an online platform may quickly expand and reach the dimension of a very large online platform , with the related impact on the internal market. this may be the case in the event of exponential growth experienced in short periods of time , or by a large global presence and turnover allowing the online platform to fully exploit network effects and economies of scale and of scope. a high annual turnover or market capitalisation can in particular be an indication of fast scalability in terms of user reach. in those cases , the digital services coordinator could be able to request more frequent reporting from the platform on the user base to be able to timely identify the moment at which that platform should be designated as a very large online platform for the purposes of this regulation , provided there is a legitimate reason.


### (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 , discourse , and lifestyle , 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 , environmental 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 , unlawful non-consensual sharing of private images and videos , online stalking 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 gender equality principle with the right to non-discrimination and the rights of the child. the social dimension , as online platforms play a major role in our everyday-life , is also affected by phenomena as online harassment and cyber violence. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform , including when algorithms are misinformed causing widening of gender gaps , or the misuse of their service through the submission of abusive notices or other methods for silencing speech , causing harm , such as long term mental health damage , psychological damage and societal damage , 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.


### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , independent experts and civil society organisations. ### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , relevant regulatory authorities , representatives of groups potentially impacted by their services , independent experts and civil society organisations.