### 4. the online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. they shall subsequently delete the information. ### 4. the online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned , asking the trader to notify any changes and confirm the information held by the online platform once a year. after the contractual relationship has ended , the online platform shall delete the information.


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


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


### that the information displayed is an advertisement; ### that the information displayed or parts thereof is an online advertisement;


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


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful information about the parameters used to determine the recipient to whom the advertisement is displayed with the same level of detail as specified by the advertiser , and including the optimisation objectives for the delivery of the advertisement as specified by the advertiser or applied by the online platform.


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


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3 , or with a turnover of over eur 50 million per year.1a


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


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. online platforms that use recommender systems shall set out separately the information concerning the role and functioning of recommender systems , in a clear for average users , concise , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as offer controls with the available options for the recipients of the service in a user-friendly manner to modify , customize or influence those parameters that they may have made available at least on basic natural criteria such as time , topics of interest , etc.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main technical parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those parameters that they may have made available ,including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679.


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


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


### 1. member states shall designate one or more competent authorities as responsible for the application and enforcement of this regulation (‘competent authorities’). ### 1. member states shall designate one or more competent authorities as responsible for the application and enforcement of this regulation (‘competent authorities’). where applicable , regions shall have their own competent authority for the application and enforcement of this regulation.


### for that purpose , digital services coordinators shall cooperate with each other , other national competent authorities , the board and the commission , without prejudice to the possibility for member states to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the digital services coordinator. ### for that purpose , digital services coordinators shall cooperate with each other , other national and regional competent authorities , the board and the commission , without prejudice to the possibility for member states to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the digital services coordinator.


### where a member state designates more than one competent authority in addition to the digital services coordinator , it shall ensure that the respective tasks of those authorities and of the digital services coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks. the member state concerned shall communicate the name of the other competent authorities as well as their respective tasks to the commission and the board. ### where a member state designates more than one competent authority in addition to the digital services coordinator , it shall ensure that the respective tasks of those authorities and of the digital services coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks. the member state concerned shall communicate the name of the other competent authorities as well as their respective tasks to the commission and the board. member states shall not use this regulation , either directly through the public administration or their digital services coordinators , or indirectly through the private contracted services , with the aim to delude , undermine , or attack national , social , linguistic and cultural minorities. the commission shall assess the correct use of the provisions set by this regulation by the member states.


### for that purpose , digital services coordinators shall cooperate with each other , other national competent authorities , the board and the commission , without prejudice to the possibility for member states to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the digital services coordinator. ### for that purpose , digital services coordinators shall cooperate with each other , other national competent authorities , the board and the commission , without prejudice to the possibility for member states to provide for regular exchanges of views with other authorities where relevant for the performance of the tasks of those other authorities and of the digital services coordinator , including sharing information on cross-border cases and providing support for each other during ongoing interventions and investigations.


### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources to carry out their tasks. ### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources to carry out their tasks. similarly member states shall ensure that digital services coordinators have all the competences and powers provided for by the current national laws.


### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources to carry out their tasks. ### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , independent , transparent and timely manner. member states shall ensure that their digital services coordinators have all necessary technical , financial and human resources (including skill and competence building) and infrastructure to carry out their tasks.


### 2. when carrying out their tasks and exercising their powers in accordance with this regulation , the digital services coordinators shall act with complete independence. they shall remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party. ### 2. when carrying out their tasks and exercising their powers in accordance with this regulation , the digital services coordinators shall act with complete independence. they shall remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party. they shall not present any conflict of interest with online platforms , especially very large online platforms , or with any political party of the member state. the board shall assess whether a digital services coordinator has conflict of interests and within two months demand the commission to enforce the replacement of the digital services coordinator by the member state.


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


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


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


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


### 3. the board shall be chaired by the commission. the commission shall convene the meetings and prepare the agenda in accordance the tasks of the board pursuant to this regulation and with its rules of procedure. ### 3. the board shall be chaired by an independent authority and assisted by a secretariat. the authority shall convene the meetings and prepare the agenda in accordance the tasks of the board pursuant to this regulation and with its rules of procedure.


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


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


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


### 2. where the commission decides to initiate proceedings pursuant to paragraph 1 , it shall notify all digital services coordinators , the board and the very large online platform concerned. ### 2. where the commission decides to initiate proceedings pursuant to paragraph 1 , it shall notify all digital services coordinators , the board and the very large online platform concerned. if the commission decides not to initiate proceedings pursuant to paragraph 1 , it shall inform the board in writing of its reasons.


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


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


### (22) in order to benefit from the exemption from liability for hosting services , the provider should , upon obtaining actual knowledge or awareness of illegal content , act expeditiously to remove or to disable access to that content. the removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. the provider can obtain such actual knowledge or awareness through , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content. ### (22) in order to benefit from the exemption from liability for hosting services , the provider should act to remove or to disable access to the illegal content when such content is deemed to be illegal according to union or member state law. the removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. the provider can obtain actual knowledge of illegal content , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation in so far as those notices are precise and adequately substantiated to allow a economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content.


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


### (28) providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. this does not concern monitoring obligations in a specific case and , in particular , does not affect orders by national authorities in accordance with national legislation , in accordance with the conditions established in this regulation. nothing in this regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation , or as a general obligation for providers to take proactive measures to relation to illegal content. ### (28) providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature , neither should they use automated moderation. this does not concern monitoring obligations in a specific case and , in particular , does not affect orders by national authorities in accordance with national legislation , in accordance with the conditions established in this regulation. nothing in this regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation , or as a general obligation for providers to take proactive measures to relation to illegal content.


### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. ### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. to this end , the use of algorithmic decision-making processes should be disclosed to users whenever they are employed.


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


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


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


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


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


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


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


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , measures and tools used for the purpose of content moderation , including the impact of algorithmic decision-making compared to human review , the average time needed for taking those decisions and the number of instances where those decisions were reversed.


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. internal complaint-handling systems (appeals systems) shall be mandatory and shall be detailed in the transparency reports.


### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: ### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of precise and adequately substantiated notices , on the basis of which an economic operator can establish , in a diligent manner and without discrimination , whether the notice concerns illegal content as defined in article 2(g) of this regulation. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


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


### an explanation of the reasons why the individual or entity considers the information in question to be illegal content; ### an explanation of the reasons why the individual or entity considers the information in question to be illegal content. the possibility of identifying , on the basis of a list drawn up in agreement with the digital service coordinator , the type of illegal content to which the individual or entity presumes the reported content below , to should also be foreseen;


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


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


### where applicable , information on the use made of automated means in taking the decision , including where the decision was taken in respect of content detected or identified using automated means; ### information on the use made of automated means in taking the decision , including where the decision was taken in respect of content detected or identified using automated means;


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


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


### decisions to suspend or terminate the recipients’ account. ### decisions to suspend or terminate the recipients’ account or not.


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


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


### the dispute settlement takes place in accordance with clear and fair rules of procedure. ### the dispute settlement takes place in accordance with clear , fair and transparent rules of procedure.


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


### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content; ### it has demonstrated particular competence , accuracy and expertise for the purposes of detecting , identifying and notifying illegal content;


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


### it represents collective interests and is independent from any online platform; ### it represents collective interests , ensures independent public interest representation and is independent from any online platform;


### 3. digital services coordinators shall communicate to the commission and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. ### 3. digital services coordinators shall communicate to the commission and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. digital services coordinators shall engage in dialogue with platforms and rights holders for maintaining the accuracy and efficacy of a trusted flagger system.


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


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


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


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


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


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


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of fundamental rights , including the right to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child and consumer protection , as enshrined in articles 7 , 11 , 21 , 24 and 28 of the charter respectively;


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


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


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


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


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


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


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


### best practices for very large online platforms to mitigate the systemic risks identified. ### deleted


### best practices for very large online platforms to mitigate the systemic risks identified. ### best practices for very large online platforms to cease , prevent and mitigate the systemic risks identified.


### 3. the commission , in cooperation with the digital services coordinators , may issue general guidelines on the application of paragraph 1 in relation to specific risks , in particular to present best practices and recommend possible measures , having due regard to the possible consequences of the measures on fundamental rights enshrined in the charter of all parties involved. when preparing those guidelines the commission shall organise public consultations. ### deleted


### 3. the commission , in cooperation with the digital services coordinators , may issue general guidelines on the application of paragraph 1 in relation to specific risks , in particular to present best practices and recommend possible measures , having due regard to the possible consequences of the measures on fundamental rights enshrined in the charter of all parties involved. when preparing those guidelines the commission shall organise public consultations. ### 3. the commission , in cooperation with the digital services coordinators , shall issue general guidelines on the application of paragraph 1 in relation to specific risks , in particular to present best practices and recommend possible measures , having due regard to the possible consequences of the measures on fundamental rights enshrined in the charter of all parties involved. when preparing those guidelines the commission shall organise public consultations.


### 1. very large online platforms shall be subject , at their own expense and at least once a year , to audits to assess compliance with the following: ### 1. very large online platforms shall be subject , at their own expense and at least once a year , to independent audits to assess compliance with the following:


### 1. very large online platforms shall be subject , at their own expense and at least once a year , to audits to assess compliance with the following: ### 1. very large online platforms and smaller size online platforms shall be subject , at their own expense and at least once a year , to audits to assess compliance with the following:


### whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so , the main parameters used for that purpose; ### deleted


### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this article , for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in article 26(1). ### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide information and access to data to vetted researchers who meet the requirements in paragraphs 4 of this article , for the purpose of facilitating and conducting public interest research that contributes to the identification and understanding of systemic risks as set out in article 26(1) and to enable verification of the effectiveness and proportionality of the mitigation measures as set out in article 27(1).


### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this article , for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in article 26(1). ### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide access to data to vetted public interest researchers , civil society representatives and journalists who meet the requirements in paragraphs 4 of this article , for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in article 26(1).


### 5. the commission shall , after consulting the board , adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service. ### 5. the commission shall , after consulting the board , adopt delegated acts laying down the legal and technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service.


### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes. ### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission , in agreement with the board , may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes.


### 2. where a digital services coordinator of establishment has reasons to suspect that a very large online platform infringed this regulation , it may request the commission to take the necessary investigatory and enforcement measures to ensure compliance with this regulation in accordance with section 3. such a request shall contain all information listed in article 45(2) and set out the reasons for requesting the commission to intervene. ### (2) where a digital services coordinator of establishment or the digital services coordinators of at least three member states have reasons to suspect that a very large online platform infringed this regulation , it may request the commission to take the necessary investigatory and enforcement measures to ensure compliance with this regulation in accordance with section 3. such a request shall contain all information listed in article 45(2) and set out the reasons for requesting the commission to intervene.


### 1. the board shall be composed of the digital services coordinators , who shall be represented by high-level officials. where provided for by national law , other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this regulation alongside the digital services coordinator shall participate in the board. other national authorities may be invited to the meetings , where the issues discussed are of relevance for them. ### 1. the board shall be composed of the digital services coordinators , who shall be represented by high-level officials. where provided for by national law , other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this regulation alongside the digital services coordinator shall participate in the board. other national authorities may be invited to the meetings , where the issues discussed are of relevance for them. the meeting is deemed valid when at least two third of the eligible members are present.


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘illegal content’ means any information or activity , including the sale of products or provision of services , which is not in compliance with union law or the criminal , administrative or civil legal framework of a member state;


### decisions to suspend or terminate the provision of the service , in whole or in part , to the recipients; ### decisions to suspend or terminate or not the provision of the service , in whole or in part , to the recipients;


### adapting content moderation or recommender systems , their decision-making processes , the features or functioning of their services , or their terms and conditions; ### checking content moderation or recommender systems , their decision-making processes , the features or functioning of their services , or their terms and conditions;


### adapting content moderation or recommender systems , their decision-making processes , the features or functioning of their services , or their terms and conditions; ### adapting content moderation or recommender systems , their decision-making processes , the features or functioning of their services and activities , or their terms and conditions;


### a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete. ### a statement confirming the best knowledge of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.


### whether the decision entails either the removal of , or the disabling of access to , the information and , where relevant , the territorial scope of the disabling of access; ### whether the decision entails either the removal of , or the disabling of access to , the information and , where relevant , the territorial scope of the disabling of access and the duration;


### 3. if the body decides the dispute in favour of the recipient of the service , the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. if the body decides the dispute in favour of the online platform , the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement. ### 3. if the body decides the dispute in favour of the recipient of the service , the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement.


### it carries out its activities for the purposes of submitting notices in a timely , diligent and objective manner. ### it carries out its activities for the purposes of submitting notices in a timely , diligent and objective manner and is duly accredited.


### it carries out its activities for the purposes of submitting notices in a timely , diligent and objective manner. ### it carries out its activities for the purposes of submitting notices in an objective manner.


### the intention of the recipient , individual , entity or complainant. ### deleted


### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform the law enforcement authorities of the member state in which it is established or has its legal representative or inform europol. ### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform without undue delay the law enforcement authorities of the member state in which it is established or has its legal representative or inform europol.


### 2. online platforms shall publish , at least once every six months , information on the average monthly active recipients of the service in each member state , calculated as an average over the period of the past six months , in accordance with the methodology laid down in the delegated acts adopted pursuant to article 25(2). ### 2. online platforms shall publish , at least once every six months , information on the average monthly active recipients of the service in each member state , calculated as an average over the period of the past six months , in accordance with the methodology laid down in the delegated acts adopted pursuant to article 25(2).


### initiating or adjusting cooperation with trusted flaggers in accordance with article 19; ### deleted


### 2. the board , in cooperation with the commission , shall publish comprehensive reports , once a year , which shall include the following: ### 2. the board , in cooperation with the commission , shall publish comprehensive reports , once a year , which shall include the :


### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech as well as the code of practice on disinformation. in particular for the latter , the commission will issue guidance for strengthening the code of practice on disinformation as announced in the european democracy action plan. ### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech as well as the code of practice on disinformation.


### (98) in view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively , considering their size and impact and the harms that they may cause , the commission should have strong investigative and enforcement powers to allow it to investigate , enforce and monitor certain of the rules laid down in this regulation , in full respect of the principle of proportionality and the rights and interests of the affected parties. ### (98) in view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively , considering their size and impact and the harms that they may cause , the commission should have investigative and enforcement powers to allow it to investigate , enforce and monitor certain of the rules laid down in this regulation , in full respect of the principle of proportionality and the rights and interests of the affected parties.


### (99) in particular , the commission should have access to any relevant documents , data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this regulation , irrespective of who possesses the documents , data or information in question , and regardless of their form or format , their storage medium , or the precise place where they are stored. the commission should be able to directly require that the very large online platform concerned or relevant third parties , or than individuals , provide any relevant evidence , data and information. in addition , the commission should be able to request any relevant information from any public authority , body or agency within the member state , or from any natural person or legal person for the purpose of this regulation. the commission should be empowered to require access to , and explanations relating to , data-bases and algorithms of relevant persons , and to interview , with their consent , any persons who may be in possession of useful information and to record the statements made. the commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this regulation. those investigatory powers aim to complement the commission’s possibility to ask digital services coordinators and other member states’ authorities for assistance , for instance by providing information or in the exercise of those powers ### (99) the commission to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this regulation , should be able to directly require that the very large online platform concerned or relevant third parties , or than individuals , provide any relevant evidence , data and information. in addition , the commission should be able to request any relevant information from any public authority , body or agency within the member state , or from any natural person or legal person for the purpose of this regulation. the commission should be empowered to require access to , and explanations relating to , data-bases and algorithms of relevant persons , and to interview , with their consent , any persons who may be in possession of useful information and to record the statements made. the commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this regulation. those investigatory powers aim to complement the commission’s possibility to ask digital services coordinators and other member states’ authorities for assistance , for instance by providing information or in the exercise of those powers


### ‘to offer services in the union’ means enabling legal or natural persons in one or more member states to use the services of the provider of information society services which has a substantial connection to the union; such a substantial connection is deemed to exist where the provider has an establishment in the union; in the absence of such an establishment , the assessment of a substantial connection is based on specific factual criteria , such as: ### ‘to offer services in the union’ means enabling legal or natural persons in one or more member states to use the services of the provider of information society services which has a substantial connection to the union; such a substantial connection is deemed to exist where the provider has an establishment in the union; in the absence of such an establishment , the assessment of a substantial connection is based on:


### — a significant number of users in one or more member states; or ### deleted


### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and within a reasonable period , specified in the request , access to data that are necessary to monitor and assess compliance with this regulation. that digital services coordinator and the commission shall only use that data for those purposes. ### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and within a reasonable period , specified in the request , access to data that are necessary to monitor and assess compliance with this regulation and to data that verify the effectiveness of the risk mitigation measures. that digital services coordinator and the commission shall only use that data for those purposes.


### electronic submission of notices by trusted flaggers under article 19 , including through application programming interfaces; ### deleted


### the power to adopt interim measures to avoid the risk of serious harm. ### deleted


### article 54 ### deleted


### 1. in the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to article 58(1) , where there is an urgency due to the risk of serious damage for the recipients of the service , the commission may , by decision , order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement. ### 1. in the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to article 58(1) , where there is an urgency due to the risk of serious damage for the recipients of the service , the commission may , after consulting the board , order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.


### 1. if , during proceedings under this section , the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this regulation , the commission may by decision make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action. ### 1. if , during proceedings under this section , the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this regulation , the commission may , after consulting the board , make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.


### 1. the commission shall adopt a non-compliance decision where it finds that the very large online platform concerned does not comply with one or more of the following: ### 1. the commission shall adopt a non-compliance decision , after consulting the board , where it finds that the very large online platform concerned does not comply with one or more of the following:


### 5. where the commission finds that the conditions of paragraph 1 are not met , it shall close the investigation by a decision. ### 5. where the commission finds that the conditions of paragraph 1 are not met , it shall close the investigation by a decision approved by the board.


### 2. the commission may by decision impose on the very large online platform concerned or other person referred to in article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year , where they intentionally or negligently: ### 2. the commission may by decision impose on the very large online platform concerned or other person referred to in article 52(1) fines not exceeding 1% of the total global turnover in the preceding financial year , where they intentionally or negligently:


### refuse to submit to an on-site inspection pursuant to article 54. ### deleted


### 3. before adopting the decision pursuant to paragraph 2 , the commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in article 52(1). ### 3. before adopting the decision pursuant to paragraph 2 , the commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in article 52(1) and to the board.


### submit to an on-site inspection which it has ordered by decision pursuant to article 54; ### deleted


### on-site inspection; ### deleted


### 2. the delegation of power referred to in articles 23 , 25 , and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation]. ### 2. the delegation of power referred to in articles 23 , 25 , and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation]. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level. the commission , when preparing and drawing up delegated acts , shall ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council.


### 1. by five years after the entry into force of this regulation at the latest , and every five years thereafter , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee. ### 1. by five years after the entry into force of this regulation at the latest , and every teo years thereafter , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee.


### a self-certification by the trader committing to only offer products or services that comply with the applicable rules of union law. ### a self-certification by the trader that products or services provided comply with the relevant union or national law on product safety and product compliance.


### a self-certification by the trader committing to only offer products or services that comply with the applicable rules of union law. ### deleted


### have proven expertise in the area of risk management , technical competence and capabilities; ### have proven expertise in the area of risk management , technical competence and capabilities certified by qualified and accredited certification body; ;


### the power to carry out on-site inspections of any premises that those providers or those persons use for purposes related to their trade , business , craft or profession , or to request other public authorities to do so , in order to examine , seize , take or obtain copies of information relating to a suspected infringement in any form , irrespective of the storage medium; ### deleted


### the power to ask any member of staff or representative of those providers or those persons to give explanations in respect of any information relating to a suspected infringement and to record the answers. ### deleted


### the power to order the cessation of infringements and , where appropriate , to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end; ### deleted


### require the management body of the providers , within a reasonable time period , to examine the situation , adopt and submit an action plan setting out the necessary measures to terminate the infringement , ensure that the provider takes those measures , and report on the measures taken; ### require the management body of the providers , within a reasonable time period , to examine the situation , adopt and submit an action plan setting out the necessary measures to terminate the infringement , ensure that the provider takes those measures , and report on the measures taken within a specific period;


### where the digital services coordinator considers that the provider has not sufficiently complied with the requirements of the first indent , that the infringement persists and causes serious harm , and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons , request the competent judicial authority of that member state to order the temporary restriction of access of recipients of the service concerned by the infringement or , only where that is not technically feasible , to the online interface of the provider of intermediary services on which the infringement takes place. ### where the digital services coordinator considers that the provider has not complied with the requirements of the first indent , that the infringement persists and causes serious harm , and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons , request the competent judicial authority of that member state to order the temporary restriction of access of recipients of the service concerned by the infringement or , only where that is not technically feasible , to the online interface of the provider of intermediary services on which the infringement takes place.


### 4. member states shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily turnover of the provider of intermediary services concerned in the preceding financial year per day , calculated from the date specified in the decision concerned. ### 4. member states shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily turnover of the provider of intermediary services concerned in the preceding financial year per day , calculated from the date specified in the decision concerned. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the periodic penalty payment. the methodology shall specify , in particular , the criteria and parameters to calculate the penalties imposed at the national level.


### 4. member states shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily turnover of the provider of intermediary services concerned in the preceding financial year per day , calculated from the date specified in the decision concerned. ### 4. member states shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider of intermediary services concerned in the preceding financial year per day , calculated from the date specified in the decision concerned.


### the board shall adopt its acts by simple majority. ### the board shall adopt its acts by simple majority. in the event of a tied vote , the vote shall be considered void and a new vote shall be held by the board.


### 3. where the commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this regulation , it shall reject those commitments in a reasoned decision when concluding the proceedings. ### 3. where the commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this regulation , it shall reject those commitments in a reasoned decision , in agreement with the board , when concluding the proceedings.


### 1. in the decision pursuant to article 58 , the commission may impose on the very large online platform concerned fines not exceeding 6% of its total turnover in the preceding financial year where it finds that that platform , intentionally or negligently: ### 1. in the decision pursuant to article 58 , the commission may impose on the very large online platform concerned fines not exceeding 6% of its total global turnover in the preceding financial year where it finds that the platform , intentionally or negligently:


### 3. in carrying out the evaluations referred to in paragraph 1 , the commission shall take into account the positions and findings of the european parliament , the council , and other relevant bodies or sources. ### 3. in carrying out the evaluations referred to in paragraph 1 , the commission shall take into account the positions and findings of the european parliament , the council , the board and other relevant bodies or sources. the evaluation procedure shall be based on a broad and inclusive consultation process including the voice of users and consumers. the commission shall evaluate this regulation together with the implementing and delegated acts referred to in this directive , and shall submit the results of the evaluation to the european parliament and the council no later than…


### 1. the commission shall support and promote the development and implementation of voluntary industry standards set by relevant european and international standardisation bodies at least for the following: ### 1. the commission shall support and promote the development and implementation of industry standards set by relevant european and international standardisation bodies on the basis of a multi-stakeholder , transparent and inclusive process at least for the following:


### 2. the commission shall support the update of the standards in the light of technological developments and the behaviour of the recipients of the services in question. ### 2. the commission shall support the update of the standards in the light of technological developments and the behaviour of the recipients of the services in question. the commission shall support the drawing up at european level of technical standards on interoperability.


### 6. member states shall ensure that any exercise of the powers pursuant to paragraphs 1 , 2 and 3 is subject to adequate safeguards laid down in the applicable national law in conformity with the charter and with the general principles of union law. in particular , those measures shall only be taken in accordance with the right to respect for private life and the rights of defence , including the rights to be heard and of access to the file , and subject to the right to an effective judicial remedy of all affected parties. ### 6. member states shall ensure that any exercise of the powers pursuant to paragraphs 1 , 2 and 3 is subject to adequate safeguards laid down in the applicable national law in conformity with the charter and with the general principles of union law. in particular , those measures shall only be taken in accordance with the right to respect for private life and the rights of defence , including the rights to be heard and of access to the file , and subject to the right to an effective judicial remedy of all affected parties. the degree of enforcement should be commensurate with the degree of market power that the provider of intermediary services has.


### 1. an independent advisory group of digital services coordinators on the supervision of providers of intermediary services named ‘european board for digital services’ (the ‘board’) is established. ### 1. an independent advisory and regulatory group of digital services coordinators on the supervision of providers of intermediary services named ‘european board for digital services’ (the ‘board’) is established.


### 2. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 70. before the adoption of any measures pursuant to paragraph 1 , the commission shall publish a draft thereof and invite all interested parties to submit their comments within the time period set out therein , which shall not be less than one month. ### 2. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 70. before the adoption of any measures pursuant to paragraph 1 , the commission shall publish a draft thereof and invite all interested parties to submit their comments within the time period set out therein , which shall not be less than one month.


### 3. the commission shall adopt implementing acts laying down the practical and operational arrangements for the functioning of the information sharing system and its interoperability with other relevant systems. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 70. ### 3. the commission shall adopt implementing acts laying down the practical and operational arrangements for the functioning of the information sharing system and its interoperability with other relevant systems. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 70.


### information on the redress possibilities available to the recipient of the service in respect of the decision , in particular through internal complaint-handling mechanisms , out-of-court dispute settlement and judicial redress. ### information on the rights of the content provider and redress possibilities available to the recipient of the service in respect of the decision , in particular through internal complaint-handling mechanisms , out-of-court dispute settlement and judicial redress.


### 3. the organisations that perform the audits shall establish an audit report for each audit. the report shall be in writing and include at least the following: ### 3. the organisations that perform the audits shall establish an audit report for each audit. auditors shall be trusted organisations within the new regulatory system. they shall have sufficient policy expertise and experience from conducting audits developing accurate and reliable reports that will address national and regional requirements. auditors shall be independent of industry and government. the report shall be in writing and include at least the following:


### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). ### 7. for each gatekeeper pursuant to paragraph 1 or identified pursuant to paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).