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


### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content. ### 1. providers of hosting services and online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that repeatedly provide manifestly illegal content or enable such content to be made available.


### article 36 ### deleted


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


### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health. ### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health. the commission is encouraged to develop , in cooperation with online platforms , national and european consumer organisations and civil society organisations , contingency plans for the tourism sector for future crises , including standards for force majeure-based cancellations , travel warnings and information flows.


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


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


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


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


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


### (12) in order to achieve the objective of ensuring a safe , predictable and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question. ### (12) in order to achieve the objective of ensuring a safe , predictable , accessible (including persons with disabilities) and trusted online environment , for the purpose of this regulation the concept of “illegal content” should be defined broadly within the principle that what is illegal offline should also be illegal online. the concept should cover information relating to illegal content , products , services and activities. in particular , that concept should be understood to refer to information , irrespective of its form , that under the applicable law is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or that relates to activities that are illegal , such as trafficking in human beings and online sexual exploitation of women and girls , forced marriages , the sharing of images depicting child sexual abuse , unlawful non-consensual sharing of private images , online stalking , hacking , doxing , mobbing , sextortion , grooming adolescents , online sexual harassment , impersonation , cyberbullying , cyber sexual harassment , intersectional hate speech online against women and lgbtiq+ persons , the sale of non-compliant or counterfeit products , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


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


### (17) the relevant rules of chapter ii should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. those rules should not be understood to provide a positive basis for establishing when a provider can be held liable , which is for the applicable rules of union or national law to determine. furthermore , the exemptions from liability established in this regulation should apply in respect of any type of liability as regards any type of illegal content , irrespective of the precise subject matter or nature of those laws. ### deleted


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


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


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


### (50) to ensure an efficient and adequate application of that obligation , without imposing any disproportionate burdens , the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system45 , or by requesting the traders concerned to provide trustworthy supporting documents , such as copies of identity documents , certified bank statements , company certificates and trade register certificates. they may also use other sources , available for use at a distance , which offer a similar degree of reliability for the purpose of complying with this obligation. however , the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. nor should such online platforms , which have made the reasonable efforts required by this regulation , be understood as guaranteeing the reliability of the information towards consumer or other interested parties. such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under union law , in particular the requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 . ### (50) to ensure an efficient and adequate application of that obligation , the online platforms covered should make reasonable efforts to verify the reliability , validity and completeness of the information provided by the traders concerned , in particular by using freely available official online databases and online interfaces , such as national trade registers and the vat information exchange system45 , or by checking the data the online platforms covered hold about traders and their offers or transactions , or by requesting the traders concerned to provide trustworthy supporting documents , such as copies of identity documents , certified bank statements , company certificates and trade register certificates. they may also use other sources , available for use at a distance , which offer a similar degree of reliability for the purpose of complying with this obligation. however , the online platforms covered should be required to demonstrate they have made the reasonable efforts required by this regulation to only allow legitimate traders on their online interfaces. providers of online marketplaces should conduct periodic random checks on the products or services offered by traders , such as mystery shopping exercises and visual inspections considering previous reports , online databases and risks and harms towards consumers. suchonline platforms should also design and organise their online interface and parts thereof in a way that enables traders to comply with their obligations under union law , including but not limited to requirements set out in articles 6 and 8 of directive 2011/83/eu of the european parliament and of the council46 , article 7 of directive 2005/29/ec of the european parliament and of the council47 and article 3 of directive 98/6/ec of the european parliament and of the council48 .


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


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


### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result. ### (53) given the importance of very large online platforms , due to their reach - as a result in particular of the number of active recipients of the service - in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific due diligence obligations concerning the guarantee of rights of information and fundamental rights and the transparency of free , non-discriminatory communication and business performance for business customers on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result.


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


### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions. ### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected and guaranteed by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination , the rights of the child and the protection of women from doxing and gender-specific cybermobbing , which in many member states are still not even classified as specific criminal offences. such risks may , for example , be incorporated in the basic programming of the algorithms used by the very large online platform or arise from the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition and the freedom to exercise a profession. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.


### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions. ### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material , unlawful non-consensual sharing of private images , online stalking , revenge porn , unsolicited receiving of sexually explicit materials , doxing , cyberbullying , rape threats or illegal hate speech , including online sexist and anti-lgbtiq+ hate speech or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination the right to equality between women and men , the rights of the child and the right to full control over personal data and information online with a rejection of practices by private companies to use data for profit and to manipulate behaviour , as well as surveillance practices by any actor to control and restrict women’s speech and activism. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or putting gender equality at risk. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.


### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , independent experts and civil society organisations. ### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , namely human rights defence associations , trade unions , independent experts and other organisations.


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


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. these algorithms may lead to setbacks in gender equality , such as an increase in cases of gender and racial discrimination , cyber violence against women and lgbtiq+ persons , or they can exacerbate toxic masculinity as well as amplify existing harmful gender stereotypes , including ableist , ageist and racial stereotyping. consequently , very large online platforms should be obliged to regularly review their algorithms in an intersectional gender-responsive manner in order to minimise any negative consequences on gender equality and should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible and accessible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. they should provide meaningful information about the algorithmic tools they use in content moderation and content curation. very large online platforms should also offer easily accessible and comprehensive explanations that allow users to understand when , why , for which tasks , and to which extent algorithmic tools are used. they should let users in an easy and accessible way to accept or not the algorithms being used in the provided service. they should allow independent researchers and relevant regulators to audit their algorithmic tools to make sure they are used as intended.


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


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


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


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


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


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


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


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


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


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


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


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


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


### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected. ### set out uniform rules for a safe , accessible , including persons with disabilities , predictable and trusted online environment , where fundamental rights enshrined in the charter , including non-discrimination and gender equality , are effectively protected.


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


### ‘advertisement’ means information designed to promote the message of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface against remuneration specifically for promoting that information; ### ‘advertisement’ means information designed to directly or indirectly promote or rank information , products or services of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface or parts thereof against direct or indirect remuneration specifically for promoting that information , product or service;


### ‘advertisement’ means information designed to promote the message of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface against remuneration specifically for promoting that information; ### ‘advertisement’ means information designed to promote the message of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface against indirect and direct forms of remuneration specifically for promoting that information;


### ‘recommender system’ means a fully or partially automated system used by an online platform to suggest in its online interface specific information to recipients of the service , including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed; ### ‘recommender system’ means a fully or partially automated system used by an online platform to suggest , rank or prioritise in its online interface or parts thereof specific information , products or services to recipients of the service , including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;


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


### 2. paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider. ### 2. paragraph 1 shall not apply where the recipient of the service is acting under the authority , predominant influence or the control of the provider.


### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. ### 3. providers of online marketplace services shall not be able to benefit from the liability exemption under article 5(1) , where such an online platform presents the specific item of information , product or service or otherwise enables the specific transaction at issue in a way that would lead a consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority , predominant influence or control.


### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. ### 3. online marketplaces and traders can be jointly liable for:


### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. ### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. no provision of this regulation should be understood as prescribing , promoting or recommending the use of automated decision-making or the monitoring of the behaviour of a large number of natural persons - not even for statistical purposes.


### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. ### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. no provision of this regulation shall be understood as mandating , requiring or recommending the use of automated decision-making , or the monitoring of the behaviour of a large number of natural persons. when using moderation content automated tools , intermediary services should always ensure a human oversight of the decision to remove , disable , restrict or modify in any way the information content.


### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. ### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. providers of intermediary services shall at least communicate to the commission and the board the contact details of their single point of contact. they shall ensure that that information is up to date.


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


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


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


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned and give rise to an obligation for the provider notified quickly to remove access to the notified content and disable access thereto.


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned and shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned and shall create an obligation on behalf of the notified provider of hosting services to remove or disable access to the notified information and equivalent information expeditiously.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a swift and objective manner and in any case within a maximum of 72 hours. where decisions on the removal or deactivation of access to content are taken , providers of hosting services shall take all measures necessary to prevent the same illegal content or equivalent illegal content from reappearing on their service. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. this means , in particular , key information on the procedure followed , the technology used , the criteria and reasoning underpinning the decision and the rationale behind any automated decision-making.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. this shall include meaningful information about the procedure followed , the technology used and the criteria and reasoning supporting the decision , as well as the logic involved in the automated decision-making.


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


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , or to limit the visibility of , suspend or put a stop to monetary payments linked to such content , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient of the decision or of the restriction of visibility or the suspension or ceasing of payments at the latest at the time of the removal or disabling of access and shall provide a clear and specific statement of reasons for that decision.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides or not to remove or disable access to , or otherwise moderate either the form or distribution of specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , or other content moderation and content curation measure , of the decision and provide a clear and specific statement of reasons for that decision.


### exclusion for micro and small enterprises ### exclusion for micro enterprises


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


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec , with the exception of articles 17 (internal complaint mechanism) , 18 (out-of-court dispute settlement) , 22 (traceability of traders) , 24 (online advertising) and 29 (recommender systems).


### decisions to remove or disable access to the information; ### decisions to remove the information , limit its visibility , suspend the possibility of purchase or rental , or disable access to it;


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants and the individual or bodies which submitted a referral linked to the complainant’s request of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities.


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall inform complainants without undue delay , that can not exceed three weeks following the filed complaint , of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities.


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


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


### traceability of traders ### traceability of traders , products and services


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


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


### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information: ### 1. where an online platform allows consumers to conclude distance contracts with traders , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has , in the case of third-country traders , verified that the latter has a european branch or representative , and has obtained the following information :


### the name , address , telephone number and electronic mail address of the trader; ### the name , address , telephone number and electronic mail address of the trader and , as required under union or member state law , of the authorised representative of the trader;


### 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 , and prior to allowing traders to use its services , make reasonable efforts to verify whether the information referred to in paragraph 1 is reliable , complete and up-to-date through the use of any freely accessible official online database or online interface made available by a member states or the union , by data processed by the online platform , or through requests to the trader to provide supporting documents from reliable sources. online platforms covered under this article shall verify the information listed in paragraph 1 from traders that already use their services prior to the entry into force and application of this regulation.