### (61) the audit report should be substantiated , so as to give a meaningful account of the activities undertaken and the conclusions reached. it should help inform , and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this regulation. the report should be transmitted to the digital services coordinator of establishment and the board without delay , together with the risk assessment and the mitigation measures , as well as the platform’s plans for addressing the audit’s recommendations. the report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. a positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this regulation or , where applicable , any commitments it has undertaken pursuant to a code of conduct or crisis protocol , in particular by identifying , evaluating and mitigating the systemic risks posed by its system and services. a positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. a negative opinion should be given where the auditor considers that the very large online platform does not comply with this regulation or the commitments undertaken. ### (61) the audit report should be substantiated , so as to give a meaningful account of the activities undertaken and the conclusions reached. it should help inform , and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this regulation , without prejudice to its freedom to conduct a business and , in particular , its ability to design and implement effective measures that are aligned with its specific business model. the report should be transmitted to the digital services coordinator of establishment and the board without delay , together with the risk assessment and the mitigation measures , as well as the platform’s plans for addressing the audit’s recommendations. the report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. a positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this regulation or , where applicable , any commitments it has undertaken pursuant to a code of conduct or crisis protocol , in particular by identifying , evaluating and mitigating the systemic risks posed by its system and services. a positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. a negative opinion should be given where the auditor considers that the very large online platform systematically does not comply with this regulation or the commitments undertaken. a disclaimer of an opinion should be given where the auditor does not have enough information to conclude on an opinion due to the novelty of the issues audited.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should be obliged to regularly review their algorithms to minimise such negative consequences and should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients have alternative options for the main parameters , including a visible , user-friendly and readily available option to turn off algorithmic selection with the recommender system entirely and options that are not based on profiling of the recipient. the gender-based algorithm bias must be prevented to avoid discriminatory impact on women and girls.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have an impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient.


### (81) in order to ensure effective enforcement of this regulation , individuals or representative organisations should be able to lodge any complaint related to compliance with this regulation with the digital services coordinator in the territory where they received the service , without prejudice to this regulation’s rules on jurisdiction. complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the digital services coordinator of any more cross-cutting issues. the digital services coordinator should involve other national competent authorities as well as the digital services coordinator of another member state , and in particular the one of the member state where the provider of intermediary services concerned is established , if the issue requires cross-border cooperation. ### (81) in order to ensure effective enforcement of this regulation , individuals or representative organisations and parties with a legitimate interest should be able to lodge any complaint related to compliance with this regulation with the digital services coordinator in the territory where they received the service , without prejudice to this regulation’s rules on jurisdiction. complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the digital services coordinator of any more cross-cutting issues. the digital services coordinator should involve other national competent authorities as well as the digital services coordinator of another member state , and in particular the one of the member state where the provider of intermediary services concerned is established , if the issue requires cross-border cooperation.


### (81) in order to ensure effective enforcement of this regulation , individuals or representative organisations should be able to lodge any complaint related to compliance with this regulation with the digital services coordinator in the territory where they received the service , without prejudice to this regulation’s rules on jurisdiction. complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the digital services coordinator of any more cross-cutting issues. the digital services coordinator should involve other national competent authorities as well as the digital services coordinator of another member state , and in particular the one of the member state where the provider of intermediary services concerned is established , if the issue requires cross-border cooperation. ### (81) in order to ensure effective enforcement of this regulation , individuals or representative organisations as well as parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform should be able to lodge any complaint related to compliance with this regulation with the digital services coordinator in the territory where they received the service , without prejudice to this regulation’s rules on jurisdiction. complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the digital services coordinator of any more cross-cutting issues. the digital services coordinator should involve other national competent authorities as well as the digital services coordinator of another member state , and in particular the one of the member state where the provider of intermediary services concerned is established , if the issue requires cross-border cooperation.


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


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


### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected. ### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter , including equality , are effectively protected.


### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected. ### set out uniform and proportional rules for a safe , accessible , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected.


### — a ‘hosting’ service that consists of the storage of information provided by , and at the request of , a recipient of the service; ### — a ‘hosting’ information society service that consists of the storage of digital information provided by , and at the request of , a recipient of the service , unless that activity is an ancillary feature of another service and , for objective and technical reasons cannot be used without that other service;


### ‘recommender system’ means a fully or partially automated system used by an online platform to suggest in its online interface specific information to recipients of the service , including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed; ### ‘recommender system’ means a fully or partially automated system , designed as a separate tool from the principal service offered and used by an online platform to suggest in its online interface specific information to recipients of the service , including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;


### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. ### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders. it is important that hosting services adopt the highest standards of transparency to highlight , in a way that would lead an average and reasonably well-informed consumer to understand , that the information comes from a third party which is not offered by the hosting service.


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


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


### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken. ### 1. providers of intermediary services shall , upon the receipt of a cross-border order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union and national law , take measures to comply with the order and law , inform the authority issuing the order of of its receipt and the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken. under the condition that necessary safeguards are provided , such orders could , in particular , consist of catalogue-wide and dynamic injunctions by courts or administrative authorities requiring the cross-border termination or prevention of any infringement.


### 1. providers of intermediary services shall , upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service , issued by the relevant national judicial or administrative authorities on the basis of the applicable union or national law , in conformity with union law , inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. ### 1. providers of intermediary services shall , upon receipt of a cross-border order to provide a specific item of information about one or more specific individual recipients of the service , issued by the relevant national judicial or administrative authorities on the basis of the applicable union or national law , in conformity with union law , inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.


### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. ### 2. providers of intermediary services shall make public to trusted flaggers as well as users in all member states the information necessary to easily identify and communicate with the intermediary services' single points of contact.


### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , which can be used to communicate with their points of contact and which shall include at least one of the official languages of the member state in which the provider of intermediary services has its main establishment or where its legal representative resides or is established. ### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , which can be used to communicate with their points of contact and which shall include at least one of the official languages of the member state in which the provider of intermediary services has its main establishment or where its legal representative resides or is established. very large online platforms should provide for the possibility to communicate to their points of contact in every of the official languages of the member states where they provide services.


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


### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro , small or medium-sized enterprises (smes) within the meaning of the annex to recommendation 2003/361/ec. in addition , paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized , small or microenterprise within the meaning of the annex to recommendation 2003/361/ec during the twelve months following their loss of that status pursuant to article 4(2) thereof.


### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec.


### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro , small or medium-sized enterprise (sme) within the meaning of the annex to recommendation 2003/361/ec. in addition , paragraph 1 shall not apply to enterprises that previously qualified for the status of a micro , small or medium-sized enterprise (sme) within the meaning of the annex to recommendation 2003/361/ec during the twelve months following their loss of that status pursuant to article 4(2) thereof.


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned , if the illegality of the specific item of information is sufficiently precise and adequately substantiated based on the assessment of the provider.


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 solely in respect of the specific item of information concerned , when the provider of hosting services can unequivocally identify the illegal nature of the content.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall , where the information provided is sufficiently clear , process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. resulting from a valid notice and action procedure , providers of hosting services shall prevent future uploads of already notified illegal content putting in place effective , reasonable and proportionate measures. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , without undue delay and at latest within 24 hours after such removing or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision.


### the facts and circumstances relied on in taking the decision , including where relevant whether the decision was taken pursuant to a notice submitted in accordance with article 14; ### the facts and circumstances relied on in taking the decision;


### exclusion for micro and small enterprises ### exclusion for micro , small and medium enterprises


### exclusion for micro and small enterprises ### exclusion for micro , small and medium-sized enterprises (smes) and closed online platforms


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro , small or medium-sized enterprises (smes) within the meaning of the annex to recommendation2003/361/ec. this section shall not apply to enterprises that previously qualified for the status of a medium-sized , small or microenterprise within the meaning of the annex to recommendation 2003/361/ec during the twelve months following their loss of that status pursuant to article 4(2) thereof.


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro , small or medium enterprises within the meaning of the annex to recommendation 2003/361/ec.


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro or small enterprises micro , small or medium-sized enterprise (smes) within the meaning of the annex to recommendation 2003/361/ec.


### decisions to remove or disable access to the information; ### decisions to remove , restrict or disable access to the information;


### decisions to remove or disable access to the information; ### decisions to remove or not to remove or disable access to the information;


### decisions to remove or disable access to the information; ### decisions to remove , disable or restrict access to the information;


### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. ### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly , offered in local language and in english , and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints.


### 1. recipients of the service addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. ### 1. after internal complaint handling mechanisms are exhausted , recipients of the service addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers within their designated area of expertise through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay depending on the severity of the illegal activity. the obligation to prioritise notices submitted by trusted flaggers shall be without prejudice to other notices , when the trustworthiness , severity and urgency of these notices can be considered exceptional.


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are immediately processed without prejudice to the implementation of a complaint and redress mechanism.


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. the providers of hosting services shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and acted upon a face value with priority and without delay , and in appropriate circumstances , immediately.


### 2. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded. ### 2. providers of intermediary services shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.


### 2. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded. ### 2. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are unfounded.


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. where an online platform allows consumers to conclude distance contracts with professional traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information:


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. the online marketplace shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online marketplace has obtained and checked the following information:


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. where an online platform allows consumers to conclude distance contracts with traders on the platform , it shall ensure that traders can only use its services to offer products , services or content to consumers located in the union if , prior to the use of its services , the trader has provided the following information to the online platform:


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. a provider of intermediary services shall ensure it has obtained the following information from a trader before starting the use of its services:


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. where an online platform allows consumers to conclude distance contracts with professional traders on the platform , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained from the trader the following information:


### the bank account details of the trader , where the trader is a natural person; ### deleted


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources in a way that does not result in costly active fact-finding exercises.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the online marketplace shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. the online marketplaces should require that traders promptly inform them of any changes to the information referred in points (a) , (d) , (e) and (f) and ensure that the information provided are up to date and accurate.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. provided that the online platform has made reasonable efforts to assess the information in points (a) , (d) and (e) , online platform shall not be held liable for information provided by the trader that ends up being inaccurate.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the provider of intermediary services shall , upon receiving that information , take effective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is accurate , current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. the provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a) , (d) and (e) and regularly repeat this verification process at least once per year. the provider of intermediary services should ensure that any trader , against whom the measure set out in article 20(1) was applied , is not permitted to use the service , including under a different name.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the online platform shall , upon receiving that information , take effective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is accurate , current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. the provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a) , (d) and (e) and regularly repeat this verification process.


### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law. ### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 or a visual representation or description thereof obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law.


### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law. ### 3. where the online marketplace obtains indications that information under paragraph 1 letter (f) is inaccurate it shall remove the product or service directly from their online platform and if any other any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law.


### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law. ### 3. where the online platform obtains indications , through its reasonable efforts under paragraph 2 or through member states' consumer authorities , that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law.


### where the trader fails to correct or complete that information , the online platform shall suspend the provision of its service to the trader until the request is complied with. ### where the trader fails to correct or complete that information , the online marketplace shall suspend the provision of its service to the trader until the request is complied with.


### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law. ### 3. where the online platform obtains indications , through its effective steps that would reasonably be taken by a diligent operator under paragraph 2 or through member states’ consumer authorities , that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate , out of date or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law.


### 3. where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete , that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law. ### 3. where the provider of intermediary services obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate , out of date or incomplete , that provider shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete , without delay or within the time period set by union and national law.


### 4. the online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. they shall subsequently delete the information. ### 4. the online maketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. they shall subsequently delete the information.


### 4. the online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. they shall subsequently delete the information. ### 4. the provider of intermediary services shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. they shall subsequently delete the information.


### 5. without prejudice to paragraph 2 , the platform shall only disclose the information to third parties where so required in accordance with the applicable law , including the orders referred to in article 9 and any orders issued by member states’ competent authorities or the commission for the performance of their tasks under this regulation. ### 5. without prejudice to paragraph 2 , the maketplace shall only disclose the information to third parties where so required in accordance with the applicable law , including the orders referred to in article 9 and any orders issued by member states’ competent authorities or the commission for the performance of their tasks under this regulation.


### 5. without prejudice to paragraph 2 , the platform shall only disclose the information to third parties where so required in accordance with the applicable law , including the orders referred to in article 9 and any orders issued by member states’ competent authorities or the commission for the performance of their tasks under this regulation. ### 5. without prejudice to paragraph 2 , the provider of intermediary services shall only disclose the information to third parties where so required in accordance with the applicable law , including the orders referred to in article 9 and any orders issued by member states’ competent authorities or the commission for the performance of their tasks under this regulation , and where the interested parties need to access information for the legitimate purpose of investigating infringements and enforcing their rights.


### 6. the online platform shall make the information referred to in points (a) , (d) , (e) and (f) of paragraph 1 available to the recipients of the service , in a clear , easily accessible and comprehensible manner. ### 6. the online marketplace shall make the information referred to in points (a) , (d) , (e) and (f) of paragraph 1 available to the recipients of the service , in a clear , easily accessible and comprehensible manner.


### 6. the online platform shall make the information referred to in points (a) , (d) , (e) and (f) of paragraph 1 available to the recipients of the service , in a clear , easily accessible and comprehensible manner. ### 6. the provider of intermediary services shall make the information referred to in points (a) , (d) , (e) and (f) of paragraph 1 available to the recipients of the service , in a clear , easily accessible and comprehensible manner.


### 7. the online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable union law. ### 7. the online marketplace shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable union law.


### 7. the online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable union law. ### 7. the provider of intermediary services shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable union law.


### the natural or legal person on whose behalf the advertisement is displayed; ### the natural or legal person on whose behalf the advertisement is displayed , and who finances the advertisement;


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### deleted


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### where relevant , meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed for all advertisements related to public health , public security , civil discourse , political participation and equality.


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. this section shall not apply to online platforms that qualify as micro , small or medium-sized enterprises (smes) within the meaning of the annex to recommendation 2003/361/ec. in addition , this section shall not apply to enterprises that previously qualified for the status of a medium-sized , small or microenterprise within the meaning of the annex to recommendation2003/361/ec during the twelve months following their loss of that status pursuant to article 4(2) thereof


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million.


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million or where the operating model and nature of the platform is considered to constitute a systemic risk assessed calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. this section shall not apply to online platforms that qualify as micro , small or medium-sized enterprises (smes) within the meaning of the annex to recommendation 2003/361/ec. in addition , this section shall not apply to enterprises that previously qualified for the status of a medium-sized , small or microenterprise within the meaning of the annex to recommendation 2003/361/ec during the twelve months following their loss of that status pursuant to article 4(2) thereof.


### 3. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the union , for the purposes of paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly active recipients of the service in the union , taking into account different accessibility features. ### deleted


### 3. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the union , for the purposes of paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly active recipients of the service in the union , taking into account different accessibility features. ### 3. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the union or whether the operating model and nature of platform constitutes a systemic risk , for the purposes of paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly active recipients of the service in the union , taking into account different accessibility features , as well as how to determine whether operating model and size of platform is considered such as to constitute a systemic risk.


### 4. the digital services coordinator of establishment shall verify , at least every six months , whether the number of average monthly active recipients of the service in the union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. on the basis of that verification , it shall adopt a decision designating the online platform as a very large online platform for the purposes of this regulation , or terminating that designation , and communicate that decision , without undue delay , to the online platform concerned and to the commission. ### 4. the digital services coordinator of establishment shall verify , at least every six months , whether the number of average monthly active recipients of the service in the union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1 , or whether the operating model and nature of platform constitutes a systemic risk. on the basis of that verification , it shall adopt a decision designating the online platform as a very large online platform for the purposes of this regulation , or terminating that designation , and communicate that decision , without undue delay , to the online platform concerned and to the commission.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms shall base the parameters of their recommender system on regulation (eu) 2019/1150 of the european parliament and of the council of 20 june 2019 on promoting fairness and transparency for business users of online intermediation services (p2b) and set them out in their terms and conditions.


### 2. where several options are available pursuant to paragraph 1 , very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. ### deleted


### 4. in order to be vetted , researchers shall be affiliated with academic institutions , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. ### 4. in order to be vetted , researchers shall be affiliated with academic institutions , media , civil society or international organisations representing the public interest , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.


### 1. the commission and the board shall encourage and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks , in accordance with union law , in particular on competition and the protection of personal data. ### 1. the commission and the board shall encourage and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , addressed specifically at the challenges of tackling different types of illegal content , in accordance with union law , in particular on competition and the protection of personal data.


### 2. the commission shall aim to ensure that the codes of conduct pursue an effective transmission of information , in full respect for the rights and interests of all parties involved , and a competitive , transparent and fair environment in online advertising , in accordance with union and national law , in particular on competition and the protection of personal data. the commission shall aim to ensure that the codes of conduct address at least: ### 2. the commission shall aim to ensure that the codes of conduct pursue an effective transmission of information , in full respect for the rights and interests of all parties involved , and a competitive , transparent and fair environment in online advertising , in accordance with union and national law , in particular on competition and the protection of personal data. the commission shall aim to ensure that the codes of conduct address at least the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to article 30.


### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. ### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. the commission should provide guidance to member states to ensure a consistent approach on how national , local and regional authorities should relate to their digital services coordinators.


### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources to carry out their tasks. ### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have necessary technical , financial and human resources to carry out their tasks. such resources could include - and not be limited to - access to training and regular exchanges with the service provider to understand the specificities of their business model.


### 2. when carrying out their tasks and exercising their powers in accordance with this regulation , the digital services coordinators shall act with complete independence. they shall remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party. ### 2. when carrying out their tasks and exercising their powers in accordance with this regulation , the digital services coordinators shall act with complete independence. they shall remain free from any external influence , whether direct or indirect , and shall not take instructions from any other public authority or any private party. digital services coordinators should be able to seek information from a public authority or private party if it deems it necessary to carry its role and power and still maintain its independence and neutrality.


### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority. ### recipients of the service , representative organisations and other parties with a legitimate interest , shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority.


### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority. ### recipients of the service , as well as other parties having a legitimate interest and meeting relevant criteria of expertise and independence from any online hosting services provider or platform shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority.


### 1. digital services coordinators shall draw up an annual report on their activities under this regulation. they shall make the annual reports available to the public , and shall communicate them to the commission and to the board. ### 1. digital services coordinators shall draw up annual reports on their activities under this regulation. they shall make the annual reports available to the public , and shall communicate them to the commission and to the board.


### 3. the board shall be chaired by the commission. the commission shall convene the meetings and prepare the agenda in accordance the tasks of the board pursuant to this regulation and with its rules of procedure. ### 3. the board shall be chaired and guided by the commission. the commission shall convene the meetings and prepare the agenda in accordance the tasks of the board pursuant to this regulation and with its rules of procedure.


### 4. the commission shall provide administrative and analytical support for the activities of the board pursuant to this regulation. ### 4. the commission shall provide administrative and analytical support for the activities of the board pursuant to this regulation. the board shall respect and take into account commission’s , as digital single market guardian’s , guidance and analytical support into its decisions.


### issue opinions , recommendations or advice to digital services coordinators in accordance with this regulation; ### as and when requested by a digital services coordinator , issue non-legally binding opinions , and recommendations , in discussion with all involved stakeholders , which serve as a way to remedy the problem and ensure a consistent enforcement of this regulation.


### 2. it shall apply from [date - three months after its entry into force]. ### 2. it shall apply from [date - twelve months after its entry into force].


### 2. it shall apply from [date - three months after its entry into force]. ### 2. it shall apply from six months after its entry into force.


### 2. it shall apply from [date - three months after its entry into force]. ### 2. it shall apply from [date - nine months after its entry into force].


### (13) considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations , it is necessary to distinguish , within the broader category of providers of hosting services as defined in this regulation , the subcategory of online platforms. online platforms , such as social networks or online marketplaces , should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request , but that also disseminate that information to the public , again at their request. however , in order to avoid imposing overly broad obligations , providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot , for objective technical reasons , be used without that other , principal service , and the integration of that feature is not a means to circumvent the applicability of the rules of this regulation applicable to online platforms. for example , the comments section in an online newspaper could constitute such a feature , where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. ### (13) considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations , it is necessary to distinguish , within the broader category of providers of hosting services as defined in this regulation , the subcategory of online platforms. online platforms , such as social networks or online marketplaces , should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request , but that also disseminate that information to the public , again at their request. however , in order to avoid imposing overly broad obligations , providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot , for objective technical reasons , be used without that other , principal service , and the integration of that feature is not a means to circumvent the applicability of the rules of this regulation applicable to online platforms. for example , comment sections , readers' forums or editorial communities of newspapers and editorial platforms , where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.


### (22) in order to benefit from the exemption from liability for hosting services , the provider should , upon obtaining actual knowledge or awareness of illegal content , act expeditiously to remove or to disable access to that content. the removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. the provider can obtain such actual knowledge or awareness through , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content. ### (22) in order to benefit from the exemption from liability for hosting services , the provider should , upon obtaining actual knowledge or awareness of illegal content , act expeditiously to remove or to disable access to that content. the removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. the provider can obtain such actual knowledge or awareness through , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation , without prejudice to article 6 , in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content.


### (25) in order to create legal certainty and not to discourage activities aimed at detecting , identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis , it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this regulation , provided those activities are carried out in good faith and in a diligent manner. in addition , it is appropriate to clarify that the mere fact that those providers take measures , in good faith , to comply with the requirements of union law , including those set out in this regulation as regards the implementation of their terms and conditions , should not lead to the unavailability of those exemptions from liability. therefore , any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability , in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision , without this rule however implying that the provider can necessarily rely thereon. ### (25) in order to create legal certainty and not to discourage activities aimed at detecting , identifying and acting against illegal content , or against content that violates the community rules and guidelines of the intermediary services , that providers of intermediary services may undertake on a voluntary basis , it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this regulation , provided those activities are carried out in good faith and in a diligent manner. in addition , it is appropriate to clarify that the mere fact that those providers take measures , in good faith , to comply with the requirements of union law , including those set out in this regulation as regards the implementation of their terms and conditions , should not lead to the unavailability of those exemptions from liability. therefore , any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability , in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision , without this rule however implying that the provider can necessarily rely thereon.


### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. ### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. to this end , intermediary service providers should be prohibited from drawing up terms and conditions that go beyond european and national laws and that lead to the removal , disabling of access to other kind of interferences with content owned and editorially selected by a media service provider.


### (39) to ensure an adequate level of transparency and accountability , providers of intermediary services should annually report , in accordance with the harmonised requirements contained in this regulation , on the content moderation they engage in , including the measures taken as a result of the application and enforcement of their terms and conditions. however , so as to avoid disproportionate burdens , those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in commission recommendation 2003/361/ec.40 ### (39) to ensure an adequate level of transparency and accountability , providers of intermediary services should annually report , in accordance with the harmonised requirements contained in this regulation , on the content moderation they engage in , including the measures taken as a result of the application and enforcement of their terms and conditions. providers offering their services in more than one member state should provide a breakdown of the information by member state. however , so as to avoid disproportionate burdens , those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in commission recommendation 2003/361/ec.40aligned with the annual reports broken down by actions of content moderation and member state , the results of all forms of violence against women and girls online , hate speech and of other illegal content should reappear in the crime statistics. all forms of violence against women and girls shall be reported as an own category in those criminal statistics and law enforcement entities shall list them separately.


### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of information relating to certain activity of a recipient of the service , such as the provision of certain types of illegal content , that reasonably justify , having regard to all relevant circumstances of which the online platform is aware , the suspicion that the recipient may have committed , may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person , such as offences specified in directive 2011/93/eu of the european parliament and of the council44 . in such instances , the online platform should inform without delay the competent law enforcement authorities of such suspicion , providing all relevant information available to it , including where relevant the content in question and an explanation of its suspicion. this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. ### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of content manifestly related to a serious criminal offence involving a threat to the life or safety of persons , such as offences specified in directive 2011/93/eu of the european parliament and of the council44 . in such instances , the online platform should inform without delay relevant competent authorities of such suspicion , providing all relevant information available to it. this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.


### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of information relating to certain activity of a recipient of the service , such as the provision of certain types of illegal content , that reasonably justify , having regard to all relevant circumstances of which the online platform is aware , the suspicion that the recipient may have committed , may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person , such as offences specified in directive 2011/93/eu of the european parliament and of the council44. in such instances , the online platform should inform without delay the competent law enforcement authorities of such suspicion , providing all relevant information available to it , including where relevant the content in question and an explanation of its suspicion. this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. ### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of information relating to certain activity of a recipient of the service , such as the provision of certain types of illegal content , that reasonably justify , having regard to all relevant circumstances of which the online platform is aware , the suspicion that the recipient may have committed , may be committing or is likely to commit a criminal offence. in such instances , the online platform should inform without delay the competent law enforcement authorities of such suspicion , providing all relevant information available to it , including where relevant the content in question and an explanation of its suspicion. this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.


### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. they may also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers , including by initiating or joining existing codes of conduct or other self-regulatory measures. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service. ### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. they may also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers , including by initiating or joining existing codes of conduct or other self-regulatory measures. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding democracy and public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service.


### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. they may also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers , including by initiating or joining existing codes of conduct or other self-regulatory measures. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service. ### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. such reinforcement could include the expansion and resource allocation to content moderation in languages other than english. they may also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers , including by initiating or joining existing codes of conduct or other self-regulatory measures. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service.


### (70) the provision of online advertising generally involves several actors , including intermediary services that connect publishers of advertising with advertisers. codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations , notably as concerns the modalities of the transmission of the relevant information. the involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported , technically sound , effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives. ### (70) the provision of online advertising generally involves several actors , including intermediary services that connect publishers of advertising with advertisers. codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations , . the involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported , technically sound , effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.


### ‘online platform’ means a provider of a hosting service which , at the request of a recipient of the service , stores and disseminates to the public information , unless that activity is a minor and purely ancillary feature of another service and , for objective and technical reasons cannot be used without that other service , and the integration of the feature into the other service is not a means to circumvent the applicability of this regulation. ### ‘online platform’ means a provider of a hosting service which , at the request of a recipient of the service , stores and disseminates to the public information , unless that activity is a minor and purely ancillary feature of another service and , for objective and technical reasons cannot be used without that other principal service , and the integration of the feature into the other service is not a means to circumvent the applicability of this regulation.


### ‘online platform’ means a provider of a hosting service which , at the request of a recipient of the service , stores and disseminates to the public information , unless that activity is a minor and purely ancillary feature of another service and , for objective and technical reasons cannot be used without that other service , and the integration of the feature into the other service is not a means to circumvent the applicability of this regulation. ### ‘online platform’ means a provider of a hosting service which , at the request of a recipient of the service , stores and disseminates to the public information , unless that activity is a minor and purely ancillary feature or functionality of another service or the principle service and , for objective and technical reasons cannot be used without that other service , and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this regulation.