### 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 or the online service provider 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. ### 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. online marketplaces should conduct periodic checks on trader accounts and the products and services they facilitate offering in view of respecting article 7.


### 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 obtained from the trader concerned is suspicious , inaccurate or incomplete , that platform shall request the trader to correct the information in a swift manner to ensure that all information is reliable , accurate , up-to-date 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 or the online service provider 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.


### 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 swiftly , the online platform shall suspend the provision of its service to the trader until the request is complied with.


### 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 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 within a reasonable time.


### 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 platform or the online service provider 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 platform shall only disclose the information to third parties where so required in accordance with the applicable law , including the orders referred to in articles 8 and 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 platform or the online service provider 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.


### 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 platform shall make the information referred to in points (a) , (d) , (e) , (ea) and (f) of paragraph 1 public and available to the recipients of the service in a clear , meaningful , 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 online platform or the online service provider 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 platform shall design and organise its online interface in a way that enables themselves and traders to comply with their obligations under applicable union and member state law on consumer protection , including on product safety. traders that do not fulfil their obligations under consumer and product safety legislation should be suspended and , as a last resort , not allowed on the platform.


### 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 platform or the online service provider 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.


### online advertising transparency ### online advertising rules


### online advertising transparency ### online advertising transparency requirements


### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time: ### online platforms that directly or indirectly display advertising on their online interfaces or parts thereof shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual consumer , in a clear , concise but meaningful , uniform and unambiguous manner and in real time:


### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time: ### online platforms that display advertising on their online interfaces may use profiling only by agreement , not as a default setting. they must ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time:


### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time: ### online platforms shall not engage in advertising based on the profiling of their users unless they clearly express their acceptance of such practice. online platforms shall not restrict consumer choice by making the access to some of their features dependent on the acceptance of profiling.


### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time: ### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear , meaningful and unambiguous manner and in real time:


### that the information displayed is an advertisement; ### that the information displayed is an advertisement and whether the advertisement is a result of an automated mechanism , such as an ad exchange mechanism;


### that the information displayed is an advertisement; ### that the information displayed is an advertisement and whether the advertisement has been optimised by an algorithm , including disclosure of all proxies that were used for optimization of an advertisement;


### 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 directly or indirectly finances the advertisement;


### 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 whether the advertisement was selected using an automated system and in that case , the identity of the natural or legal person(s) responsible for the system(s);


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful , granular and specific information about the parameters used to target and display the advertisement that would allow the consumer to determine why and how the advertisement in question was shown to him or her. this information shall include categories of data that targeted forms of advertising would use to address and categorise consumers and the data platforms share with advertisers for ad targeting purposes.


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful information about the parameters used to determine the recipient to whom the advertisement is displayed and how to change those parameters and/or block unwanted advertising.


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful information about all parameters used to determine and target the recipient to whom the advertisement is displayed , including the category and source of personal data uploaded to the online platform and the legal basis for uploading this personal data pursuant to regulation (eu) 2016/679;


### 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 recipients of the service in the union equal to or higher than 5% of the union population , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. this section shall also apply to companies that , because of their fast scalability and reach to recipients of the service , are not yet very large online platforms but have an exponential increase and can therefore pose systemic risks to consumers.


### 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 22 ,5 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.


### 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 recipients of the service in the union and emerging very large online platforms , for the purposes of and in line with paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly recipients of the service in the union , taking into account different accessibility features.


### 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 regularly verify , at least every three months , whether an online platform would qualify as a very large online platform in line with 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 at the same time.


### the commission shall ensure that the list of designated very large online platforms is published in the official journal of the european union and keep that list updated. the obligations of this section shall apply , or cease to apply , to the very large online platforms concerned from four months after that publication. ### the commission shall ensure that the list of designated very large online platforms is published in the official journal of the european union swiftly and keep that list regularly updated. however , the obligations of this section shall apply at the same time as the rest of the regulation.


### 4. very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified. ### 4. large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.


### 4. very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified. ### 4. very large online platforms receiving an audit report that is contains evidence of systemic risks stemming from the functioning and use made of their services in the union shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.


### 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. 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. online platforms shall ensure that consumer profiling does not take place by default , unless this is the preferred option of the latter , in line with the requirements set out in regulation (eu) 2016/679. online platforms shall not distort or impede the autonomy , decision-making or choice of consumers through any structure , function or modus operandi of their online interface or any part of that interface.


### 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 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. online platforms shall ensure consumers are not profiled by default , unless they genuinely opt-in , in line with the requirements established under regulation (eu) 2016/679.


### 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 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 , and they shall provide 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. the parameters shall include at least :


### 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. ### 2. where several options are available pursuant to paragraph 1 , 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.


### 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. ### 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 , including any technically possible option to turn off algorithmic selection within the recommender system entirely. very large online platforms shall establish opt-in mechanisms to recommender systems by default as minimum safeguards of data protection by design and by default within the meaning article 25 of regulation (eu) 2016/679.


### 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 , platforms may only require that 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.


### article 35 ### deleted


### 2. member states shall designate one of the competent authorities as their digital services coordinator. the digital services coordinator shall be responsible for all matters relating to application and enforcement of this regulation in that member state , unless the member state concerned has assigned certain specific tasks or sectors to other competent authorities. the digital services coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent application and enforcement of this regulation throughout the union. ### 2. member states shall designate one of the competent authorities with relevant expertise in the field of data protection , consumer protection or regulation of user-generated content as their digital services coordinator. the digital services coordinator shall be responsible for the application and enforcement of this regulation in that member state , unless the member state concerned has assigned certain specific tasks or sectors to other competent authorities. in particular , supervisory authorities designated under regulation (eu) 2016/679 shall be tasked with application and enforcement of measures related to data processing set forth under this regulation. the digital services coordinator shall in any event be responsible for ensuring coordination at national level in respect of matters related to this regulation and for contributing to the effective and consistent application and enforcement of this regulation throughout the union.


### 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 , independent , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources , including skills , competence building and infrastructure , to carry out their tasks.


### 1. the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation. ### 1. with the exception of complaints and court cases involving consumers or brought by consumers or by independent organisations representing them , the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation. authorities in the member state(s) where consumers are affected shall be competent for enforcing this regulation.


### 1. the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation. ### (1) the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation. this will require structured cooperation with the digital services coordinators of the member states and the board identified in chapter vi , in order to implement , eu-wide , the due diligence obligations of large platforms set out in chapter iii.


### 2. a provider of intermediary services which does not have an establishment in the union but which offers services in the union shall , for the purposes of chapters iii and iv , be deemed to be under the jurisdiction of the member state where its legal representative resides or is established. ### 2. a provider of intermediary services which does not have an establishment in the union but which offers services in the union shall , for the purposes of chapters iii and iv , be deemed to be under the jurisdiction of all member states where its legal representative resides or is established.


### 3. where a provider of intermediary services fails to appoint a legal representative in accordance with article 11 , all member states shall have jurisdiction for the purposes of chapters iii and iv. where a member state decides to exercise jurisdiction under this paragraph , it shall inform all other member states and ensure that the principle of ne bis in idem is respected. ### 3. where a provider of intermediary services fails to appoint a legal representative in accordance with article 11 , all member states shall have jurisdiction for the purposes of chapters iii and iv. where a member state decides to exercise jurisdiction under this paragraph , it shall inform all other member states via the board and ensure that the principle of ne bis in idem is respected.


### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1 % of the annual income or turnover of the provider concerned. ### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6% of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned.


### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned. ### 3. member states shall ensure that the amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall correspond to 10% of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 5% of the annual income or turnover of the provider concerned.


### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned. ### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 10 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 5% of the annual income or turnover of the provider concerned.


### 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 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 or with any legal or natural person with an interest in acting as a trusted flagger. 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 and shall inform the person who submitted the complaint.


### 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 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 european parliament , to the commission and to the board.


### 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 an annual report on their activities under this regulation. they shall make the annual reports available to the public in an universally accessible and easily readable format , 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 by a president elected within its members. the chair of the board shall not be allowed to lead any national regulatory office in the irrespective member states at the same time. the chair mandate should be limited to a maximum of 3 years , renewable once. the chair of the board 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 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 by a president elected within its members on a rotating basis. the chair of the board should not be allowed to lead any national regulatory office in their respective member states at the same time. the length of the chair mandate should be limited to a maximum of three years , renewable once. the european parliament committee on civil liberties , justice and home affairs should hear candidates and designate the chair by vote. the chair of the board 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.


### 1. where the digital services coordinator of establishment adopts a decision finding that a very large online platform has infringed any of the provisions of section 4 of chapter iii , it shall make use of the enhanced supervision system laid down in this article. it shall take utmost account of any opinion and recommendation of the commission and the board pursuant to this article. ### 1. where the competent digital services coordinator adopts a decision finding that a very large online platform has infringed any of the provisions of this regulation , it shall make use of the enhanced supervision system laid down in this article. it shall take utmost account of any opinion and recommendation of the board pursuant to this article.


### 1. where the digital services coordinator of establishment adopts a decision finding that a very large online platform has infringed any of the provisions of section 4 of chapter iii , it shall make use of the enhanced supervision system laid down in this article. it shall take utmost account of any opinion and recommendation of the commission and the board pursuant to this article. ### 1. where the digital services coordinator of establishment adopts a decision finding that a very large online platform has infringed any of the provisions of section 4 of chapter iii , it shall make use of the enhanced supervision system laid down in this article. the board , acting on its own initiative or upon request of at least three digital services coordinators of destination , shall , where it has reasons to suspect that a very large online platform infringed any of those provisions , make use of the enhanced supervision system laid down in this article.


### the commission acting on its own initiative , or the board acting on its own initiative or upon request of at least three digital services coordinators of destination , may , where it has reasons to suspect that a very large online platform infringed any of those provisions , recommend the digital services coordinator of establishment to investigate the suspected infringement with a view to that digital services coordinator adopting such a decision within a reasonable time period. ### the commission acting on its own initiative , or the board acting on its own initiative may , or upon request of a digital services coordinator of destination , shall , where it has reasons to suspect that a very large online platform infringed any of the provisions of this regulation , investigate the suspected infringement with a view to the competent digital services coordinator adopting a decision to sanction , end and remedy such infringements swiftly within the reasonable time period defined by the board’s rules of procedure. such decision shall be publicly available.


### the commission acting on its own initiative , or the board acting on its own initiative or upon request of at least three digital services coordinators of destination , may , where it has reasons to suspect that a very large online platform infringed any of those provisions , recommend the digital services coordinator of establishment to investigate the suspected infringement with a view to that digital services coordinator adopting such a decision within a reasonable time period. ### deleted


### 2. when communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned , the digital services coordinator of establishment shall request it to draw up and communicate to the digital services coordinator of establishment , the commission and the board , within one month from that decision , an action plan , specifying how that platform intends to terminate or remedy the infringement. the measures set out in the action plan may include , where appropriate , participation in a code of conduct as provided for in article 35. ### 2. when communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned , the competent digital services coordinator shall in addition request it to draw up and communicate to the board , within one month from that decision , the specific measures specifying how that platform intends to terminate and/or remedy the infringements.


### 2. when communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned , the digital services coordinator of establishment shall request it to draw up and communicate to the digital services coordinator of establishment , the commission and the board , within one month from that decision , an action plan , specifying how that platform intends to terminate or remedy the infringement. the measures set out in the action plan may include , where appropriate , participation in a code of conduct as provided for in article 35. ### 2. when communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned , the digital services coordinator of establishment shall request it to draw up and communicate to the digital services coordinator of establishment , the commission and the board , within one month from that decision , an action plan , specifying how that platform intends to terminate or remedy the infringement.


### 3. within one month following receipt of the action plan , the board shall communicate its opinion on the action plan to the digital services coordinator of establishment. within one month following receipt of that opinion , that digital services coordinator shall decide whether the action plan is appropriate to terminate or remedy the infringement. ### 3. within one month following receipt of the specific measures proposed by the very large online platform to comply with the decision referred to in paragraph 1 , the board shall communicate its decision to the very large online platform concerned and shall make it public.


### where the digital services coordinator of establishment has concerns on the ability of the measures to terminate or remedy the infringement , it may request the very large online platform concerned to subject itself to an additional , independent audit to assess the effectiveness of those measures in terminating or remedying the infringement. in that case , that platform shall send the audit report to that digital services coordinator , the commission and the board within four months from the decision referred to in the first subparagraph. when requesting such an additional audit , the digital services coordinator may specify a particular audit organisation that is to carry out the audit , at the expense of the platform concerned , selected on the basis of criteria set out in article 28(2). ### where the board has concerns on the ability of the measures to terminate or remedy the infringement , it may request the very large online platform concerned to subject itself to an additional , independent audit to assess the effectiveness of those measures in terminating or remedying the infringement. in that case , that platform shall send the audit report to the board within four months from the decision referred to in the first subparagraph. when requesting such an additional audit , the competent digital services coordinator may specify a particular audit organisation that is to carry out the audit , at the expense of the platform concerned , selected on the basis of criteria set out in article 28(2). if other digital services coordinators raise concerns about the designation of the auditor , the competent digital services coordinator shall take utmost account of the recommendation of the board.


### 4. the digital services coordinator of establishment shall communicate to the commission , the board and the very large online platform concerned its views as to whether the very large online platform has terminated or remedied the infringement and the reasons thereof. it shall do so within the following time periods , as applicable: ### 4. the competent digital services coordinator shall communicate to the commission , the board and the very large online platform concerned its views as to whether the very large online platform has terminated or remedied the infringement and the reasons thereof. it shall do so within the following time periods , as applicable:


### pursuant to that communication , the digital services coordinator of establishment shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned , without prejudice to article 66 or any other measures that it may take at the request of the commission. ### deleted


### pursuant to that communication , the digital services coordinator of establishment shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned , without prejudice to article 66 or any other measures that it may take at the request of the commission. ### pursuant to that communication , the digital services coordinator of establishment shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned , without prejudice to article 66 or any other measures that it may take at the request of the commission or the board.


### 1. the commission , acting either upon the board’s recommendation or on its own initiative after consulting the board , may initiate proceedings in view of the possible adoption of decisions pursuant to articles 58 and 59 in respect of the relevant conduct by the very large online platform that: ### 1. the commission , acting either upon the board’s recommendation or on its own initiative after consulting the board , shall initiate proceedings in view of the possible adoption of decisions pursuant to articles 58 and 59 in respect of the relevant conduct by the very large online platform that:


### 1. the commission , acting either upon the board’s recommendation or on its own initiative after consulting the board , may initiate proceedings in view of the possible adoption of decisions pursuant to articles 58 and 59 in respect of the relevant conduct by the very large online platform that: ### 1. the commission or the board , acting either upon recommendation of at least three digital services coordinators of destination or on their own initiative after consulting the board , may initiate proceedings in view of the possible adoption of decisions pursuant to articles 58 and 59 in respect of the relevant conduct by the very large online platform that:


### is suspected of having infringed any of the provisions of this regulation and the digital services coordinator of establishment did not take any investigatory or enforcement measures , pursuant to the request of the commission referred to in article 45(7) , upon the expiry of the time period set in that request; ### is suspected of having infringed any of the provisions of this regulation and the competent digital services coordinator did not take any investigatory or enforcement measures , pursuant to the request of the commission referred to in article 45(7) , upon the expiry of the time period set in that request;


### is suspected of having infringed any of the provisions of this regulation and the digital services coordinator of establishment requested the commission to intervene in accordance with article 46(2) , upon the reception of that request; ### is suspected of having infringed any of the provisions of this regulation and a competent digital services coordinator requested the commission to intervene in accordance with article46(2) , upon the reception of that request;


### has been found to have infringed any of the provisions of section 4 of chapter iii , upon the expiry of the relevant time period for the communication referred to in article 50(4). ### has been found to have infringed any of the provisions of this regulation , upon the expiry of the relevant time period for the communication referred to in article 50(4).


### 2. where the commission decides to initiate proceedings pursuant to paragraph 1 , it shall notify all digital services coordinators , the board and the very large online platform concerned. ### 2. where the commission initiates proceedings pursuant to paragraph 1 , it shall notify all digital services coordinators , the board and the very large online platform concerned.


### as regards points (a) and (b) of paragraph 1 , pursuant to that notification , the digital services coordinator of establishment concerned shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned , without prejudice to article 66 or any other measures that it may take at the request of the commission. ### as regards points (a) and (b) of paragraph 1 , pursuant to that notification , the competent digital services coordinator concerned shall no longer be entitled to take similar investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned , without prejudice to article 66 or any other measures that it may take in line with this regulation or at the request of the commission.


### 4. the board , and the digital services coordinators making the request referred to in article 45(1) , shall , without undue delay upon being informed , transmit to the commission any information in their possession that may be relevant to the proceedings initiated by the commission. ### 4. the board , and the digital services coordinators making the request referred to in article 45(1) , shall , without undue delay upon being informed , transmit to the commission any objection or any information in their possession that may be relevant to the proceedings initiated by the commission.


### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a reasonable time period. ### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a reasonable time period. a not-for-profit body , organisation or association which has been properly constituted in accordance with the law of a member state , have statutory objectives which are in the public interest , and are active in the field of the protection of recipients' fundamental rights and freedoms with regard to the protection of their personal data , freedom of expression and opinion , access to information , consumer protection , right to equal treatment and prohibition of discrimination , may assist in this process and the performance of audits.


### 1. in order to carry out the tasks assigned to it under this section , the commission may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in article 52(1). ### 1. in order to carry out the tasks assigned to it under this section , the commission or the board may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in article 52(1).


### 3. during on-site inspections the commission and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in article 52(1) to provide explanations on its organisation , functioning , it system , algorithms , data-handling and business conducts. the commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in article 52(1). ### 3. during on-site inspections the commission or the board and auditors or experts appointed by them may require the very large online platform concerned or other person referred to in article 52(1) to provide explanations on its organisation , functioning , it system , algorithms , data-handling and business conducts. the commission , the board and auditors or experts appointed by them may address questions to key personnel of the very large online platform concerned or other person referred to in article 52(1).


### 4. the very large online platform concerned or other person referred to in article 52(1) is required to submit to an on-site inspection ordered by decision of the commission. the decision shall specify the subject matter and purpose of the visit , set the date on which it is to begin and indicate the penalties provided for in articles 59 and 60 and the right to have the decision reviewed by the court of justice of the european union. ### 4. the very large online platform concerned or other person referred to in article 52(1) is required to submit to an on-site inspection ordered by decision of the commission or the board. the decision shall specify the subject matter and purpose of the visit , set the date on which it is to begin and indicate the penalties provided for in articles 59 and 60 and the right to have the decision reviewed by the court of justice of the european union.


### 1. the commission may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to: ### 1. the commission or the board may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 10 % of the average daily turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to:


### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , which establish specific rules and procedures that should remain unaffected. ### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights as implemented in national laws to ensure the highest level of protection of these rights , which establish specific rules and procedures that should remain unaffected.


### (18) the exemptions from liability established in this regulation should not apply where , instead of confining itself to providing the services neutrally , by a merely technical and automatic processing of the information provided by the recipient of the service , the provider of intermediary services plays an active role of such a kind as to give it knowledge of , or control over , that information. those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself , including where the information has been developed under the editorial responsibility of that provider. ### (18) the exemptions from liability established in this regulation should not apply where , instead of confining itself to providing the services neutrally , by a merely technical and automatic processing of the information provided by the recipient of the service , the provider of intermediary services plays an active role of such a kind as to give it knowledge of , or control over , the dissemination and meaning of that information , in the context of automatic , quantity-statistical or broader computer-linguistic document analysis , and which it actively employs. those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself , including where the information has been developed under the editorial responsibility of that provider.


### (18) the exemptions from liability established in this regulation should not apply where , instead of confining itself to providing the services neutrally , by a merely technical and automatic processing of the information provided by the recipient of the service , the provider of intermediary services plays an active role of such a kind as to give it knowledge of , or control over , that information. those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself , including where the information has been developed under the editorial responsibility of that provider. ### (18) the exemptions from liability established in this regulation should not apply where the provider of intermediary services has knowledge of , or control over , that information. those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself , including where the information has been developed under the editorial responsibility of that provider.


### (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. ### deleted


### (26) whilst the rules in chapter ii of this regulation concentrate on the exemption from liability of providers of intermediary services , it is important to recall that , despite the generally important role played by those providers , the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. where possible , third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. recipients of the service should be held liable , where the applicable rules of union and national law determining such liability so provide , for the illegal content that they provide and may disseminate through intermediary services. where appropriate , other actors , such as group moderators in closed online environments , in particular in the case of large groups , should also help to avoid the spread of illegal content online , in accordance with the applicable law. furthermore , where it is necessary to involve information society services providers , including providers of intermediary services , any requests or orders for such involvement should , as a general rule , be directed to the actor that has the technical and operational ability to act against specific items of illegal content , so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. ### (26) whilst the rules in chapter ii of this regulation concentrate on the exemption from liability of providers of intermediary services , it is important to recall that , despite the generally important role played by those providers , the problem of illegal content and activities online cannot be dealt with by solely focusing on their liability and responsibilities , and yet complete faith is in some cases placed in non-transparent programmed routines being used for automatic content recognition. recipients of the service should be held liable , where the applicable rules of union and national law determining such liability so provide , for the illegal content that they provide and may disseminate through intermediary services. where appropriate , other actors , such as group moderators in closed online environments , in particular in the case of large groups , should also help to avoid the spread of illegal content online , in accordance with the applicable law. furthermore , where it is necessary to involve information society services providers , including providers of intermediary services , any requests or orders for such involvement should , as a general rule , be directed to the actor that has the technical and operational ability to act against specific items of illegal content , so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content.


### (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 and the protection of fundamental values such as freedom and pluralism of the media.


### (51) in view of the particular responsibilities and obligations of online platforms , they should be made subject to transparency reporting obligations , which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this regulation. for the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this regulation , the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipients of the service in the union. ### (51) in view of the particular responsibilities and obligations of online platforms , they should be made subject to transparency reporting obligations , which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this regulation. for the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this regulation , the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipients of the service in all the member states in which their intermediary services are used.


### (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. this will involve ensuring digital care , the internal removal of illegal content , in particular the deletion of previously-identified scenes of violence in illegal content , by means of psychological support and the imposition of an appropriate time limit for these tasks. 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 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 , including gender equality so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they should 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 should reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. they should also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers and women’s rights and human rights organizations , 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 gender equality 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.


### (60) given the need to ensure verification by independent experts , very large online platforms should be accountable , through independent auditing , for their compliance with the obligations laid down by this regulation and , where relevant , any complementary commitments undertaking pursuant to codes of conduct and crises protocols. they should give the auditor access to all relevant data necessary to perform the audit properly. auditors should also be able to make use of other sources of objective information , including studies by vetted researchers. auditors should guarantee the confidentiality , security and integrity of the information , such as trade secrets , that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. auditors should be independent , so as to be able to perform their tasks in an adequate and trustworthy manner. if their independence is not beyond doubt , they should resign or abstain from the audit engagement. ### (60) given the need to ensure verification by independent experts , large online platforms should be accountable , through independent auditing , for their compliance with the obligations laid down by this regulation and , where relevant , any complementary commitments undertaken pursuant to codes of conduct and crises protocols. they should give the auditor access to all relevant data necessary to perform the audit properly. auditors should also be able to make use of other sources of objective information , including studies by researchers vetted by the competent authorities. with the exception of the authorities or unless otherwise specified by the applicable law , auditors should guarantee the confidentiality , security and integrity of the information , such as trade secrets , that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. very large online platforms should not , however , be able to use the confidentiality of trade secrets as reasons to refuse access to relevant information needed by auditors to perform their tasks. auditors should be independent , so as to be able to perform their tasks in an adequate and trustworthy manner. if their independence is not beyond doubt , they should resign or abstain from the audit engagement.


### (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. ### deleted


### union law on copyright and related rights; ### union law on copyright and related rights in line with member state legislation;


### 2. providers of intermediary services shall act in a diligent , objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1 , with due regard to the rights and legitimate interests of all parties involved , including the applicable fundamental rights of the recipients of the service as enshrined in the charter. ### 2. providers of intermediary services shall act in a diligent , objective , transparent , non-discriminatory and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1 , with due regard to the rights and legitimate interests of all parties involved , including the applicable fundamental rights of the recipients of the service as enshrined in the charter.


### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: ### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality or the abusive/harmful nature of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


### an explanation of the reasons why the individual or entity considers the information in question to be illegal content; ### an explanation of the reasons why the individual or entity considers the information in question to be illegal , abusive or harmful content;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information and , where necessary , additional information enabling the identification of the illegal content;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal , abusive or harmful content;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information , in particular the exact url or urls where possible , and , where necessary , additional information enabling the identification of the illegal content;


### 4. where the notice contains the name and an electronic mail address of the individual or entity that submitted it , the provider of hosting services shall promptly send a confirmation of receipt of the notice to that individual or entity. ### 4. the provider of hosting services shall send the notification to the content provider , informing them that a complaint has been made against their content. the notification should be delivered to content providers before any action is taken by the provider of hosting services. the provider of hosting services shall either forward lawful and compliant notification to the content provider , or by notifying the complainant of the reason it is not possible to do so.


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide recipients of the service and third parties which have made a referral , for a period of at least six months following the decision referred to in this paragraph , with access to an effective internal complaint-handling system , which enables complaints to be lodged , electronically and free of charge , against decisions taken by the online platform to not take action following receipt of a notice and against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide recipients of the service , for a period of at least twelves months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:


### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. ### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means and are reviewed by qualified staff to whom adequate initial and ongoing training on the applicable legislation and international human rights standards as well as appropriate working conditions are to be provided.


### the dispute settlement is easily accessible through electronic communication technology; ### the dispute settlement is made easily accessible , including for persons with disabilities , through electronic communication technology;


### it represents collective interests and is independent from any online platform; ### it represents collective interests and is independent from any online platform or state law enforcement authorities;


### it represents collective interests and is independent from any online platform; ### it represents public interests and is independent from any online platform or from commercial interests;


### it represents collective interests and is independent from any online platform; ### it represents public interests , has no commercial interest in removing the content and is independent from any online platform or subcontractors;


### 3. online platforms shall assess , on a case-by-case basis and in a timely , diligent and objective manner , whether a recipient , individual , entity or complainant engages in the misuse referred to in paragraphs 1 and 2 , taking into account all relevant facts and circumstances apparent from the information available to the online platform. those circumstances shall include at least the following: ### 3. providers of hosting services and online platforms shall assess , on a case-by-case basis and in a timely , diligent and objective manner , whether a recipient , individual , entity or complainant engages in the misuse referred to in paragraphs 1 and 2 , taking into account all relevant facts and circumstances apparent from the information available to them. those circumstances shall include at least the following:


### the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints , submitted in the past year; ### the absolute numbers of items of illegal content or manifestly unfounded notices or complaints , submitted in the past year;


### 4. online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension. ### 4. providers of hosting services and online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.


### 4. online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension. ### 4. online platforms shall set out , in a clear , universally accessible and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.


### 1. where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available. ### 1. where an online platform or an online service provider becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available.


### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints; ### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the provision of abusive/harmful content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;


### risk assessment ### ex ante human rights impact assessment


### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union. this risk assessment shall be specific to their services and shall include the following systemic risks: ### 1. large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant risks stemming from the functioning and use made of their services in the union. this risk assessment shall be specific to their services and shall include the following systemic risks:


### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union. this risk assessment shall be specific to their services and shall include the following systemic risks: ### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union. this ex ante human rights impact assessment shall be specific to their services and shall include the following systemic risks:


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination , the right to equality between women and men and the rights of the child , as enshrined in articles 7 , 11 , 21 , 23 and 24 of the charter respectively;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , human dignity , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , freedom and pluralism of the media , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively as well as any other human right and freedom enshrined in the charter that can be negatively affected by these systems now or in the future;


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on gender equality or on the protection of public health (including mental health) , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security.


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### malfunctioning or intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of human rights or actual or foreseeable effects related to electoral processes and public security.


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### actual or foreseeable systemic negative effects on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security , including but not restricted to the risk of the intentional manipulation of their service by means of inauthentic use or automated exploitation of the service.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content or the content risking an increase in online violence , gender and other identity-based violence and discrimination and disinformation against women , lgbtiq+ persons and persons with disabilities or deepening the marginalization of vulnerable communities who are often targets of hate speech online and of information that is incompatible with their terms and conditions.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal or harmful content and of information that is incompatible with their terms and conditions.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting ex ante mandatory human rights impact assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.


### 1. very large online platforms shall put in place reasonable , proportionate and effective mitigation measures , tailored to the specific systemic risks identified pursuant to article 26. such measures may include , where applicable: ### 1. very large online platforms shall put in place reasonable , proportionate and effective and gender-responsive mitigation measures , tailored to the specific systemic risks identified pursuant to article 26. such measures shall include , where applicable:


### 1. very large online platforms shall put in place reasonable , proportionate and effective mitigation measures , tailored to the specific systemic risks identified pursuant to article 26. such measures may include , where applicable: ### 1. large online platforms shall put in place reasonable , proportionate and effective mitigation measures , tailored to the specific systemic risks identified pursuant to article 26. such measures may include , where applicable:


### targeted measures aimed at limiting the display of advertisements in association with the service they provide; ### targeted measures aimed at limiting the display of advertisements or harmful content or the discriminatory display of advertising with an impact on gender equality in association with the service they provide;


### initiating or adjusting cooperation with other online platforms through the codes of conduct and the crisis protocols referred to in article 35 and 37 respectively. ### deleted