### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act and different fiscal capacities among member states; understands the need for additional public investments especially in light of the green transition; considers the introduction of dedicated permanent , debt-financed , european investment funds to be a better policy response;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection and sustainability to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;


### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users and for society as a whole. ### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users , including institutions of public life , and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users , for institutional users such as educational and cultural institutions , and for society as a whole.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. children have specific rights enshrined in article 24 of the charter of fundamental rights of the european union and in the united nations convention on the rights of the child. as such , the best interests of the child should be a primary consideration in all matters affecting them. the uncrc general comment no. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. children have specific rights enshrined in article 24 of the charter and in the united nations convention on the rights of the child. the uncrc general comment no. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , accessible , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination.


### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the illegal content. ### upon obtaining such knowledge , act to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under article 2(g).


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. any moderation system adopted either by providers of hosting services or by platforms shall not be applied to elected individuals to whom shall be recognized immunity because of their institutional role.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43. ### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should be conferred primarily on organisations , industry representatives and public entities that have particular expertise and competence in tackling illegal content as they represent the corresponding collective and public interests. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , right holders , organisations of industry and collecting societies could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council43.


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43 ### deleted


### (67) the commission and the board should encourage the drawing-up of codes of conduct to contribute to the application of this regulation. while the implementation of codes of conduct should be measurable and subject to public oversight , this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. in certain circumstances , it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. nothing in this regulation prevents other service providers from adhering to the same standards of due diligence , adopting best practices and benefitting from the guidance provided by the commission and the board , by participating in the same codes of conduct. ### (67) the commission and the board should encourage the drawing-up of codes of conduct to contribute to the application of this regulation. while the implementation of codes of conduct should be measurable and subject to public oversight , this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. nothing in this regulation prevents other service providers from adhering to the same standards of due diligence , adopting best practices and benefitting from the guidance provided by the commission and the board , by participating in the same codes of conduct.


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


### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content. ### 1. online platforms shall suspend , for a specified period of time , after having issued a prior warning and provided a comprehensive explanation , the provision of their services to recipients of the service that frequently provide illegal content. the online platform may request support from the digital service coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.


### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content. ### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide illegal content. a termination of the service can be issued in case the recipients fail to comply with the applicable provisions set out in this regulation or in case the suspension has occurred at least 3 times following verification of the repeated provision of illegal content.


### 3. the commission shall encourage the development of the codes of conduct within one year following the date of application of this regulation and their application no later than six months after that date. ### 3. the commission shall encourage the development of the codes of conduct within one year following the date of application of this regulation and their application no later than six months after that date. the codes should contain clear and precise consumer protection and human rights objectives , effective and dissuasive sanctions and be governed in a transparent manner. the effectiveness of the codes of conduct should be regularly assessed and possible legal options should be examined.


### (5) this regulation should apply to providers of certain information society services as defined in directive (eu) 2015/1535 of the european parliament and of the council26 , that is , any service normally provided for remuneration , at a distance , by electronic means and at the individual request of a recipient. specifically , this regulation should apply to providers of intermediary services , and in particular intermediary services consisting of services known as ‘mere conduit’ , ‘caching’ and ‘hosting’ services , given that the exponential growth of the use made of those services , mainly for legitimate and socially beneficial purposes of all kinds , has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activities. ### (5) this regulation should apply to providers of certain information society services as defined in directive (eu) 2015/1535 of the european parliament and of the council26 , that is , any service frequently provided for remuneration , at a distance , by electronic means and at the individual request of a recipient. specifically , this regulation should apply to providers of intermediary services , and in particular intermediary services consisting of services known as ‘mere conduit’ , ‘caching’ and ‘hosting’ services , given that the exponential growth of the use made of those services , mainly for legitimate and socially beneficial purposes of all kinds , has also increased their role in the intermediation and spread of illegal content.


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


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


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national , and where applicable regional , level. finally , in the case of large streaming platforms from third countries but with strong market implementation in the union , they should have incentives to include content from small or medium audiovisual production companies , in all languages of the union , advertising and promoting these products. the commission , together with the board , member states , or where applicable regions , should assess what incentives should be given to these streaming platforms. these providers of audiovisual digital services should share information with all relevant stakeholders through the digital services data space.


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


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


### (23) in order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online , certain providers of hosting services , namely , online platforms that allow consumers to conclude distance contracts with traders , should not be able to benefit from the exemption from liability for hosting service providers established in this regulation , in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control , and that those online platforms thus have knowledge of or control over the information , even if that may in reality not be the case. in that regard , is should be determined objectively , on the basis of all relevant circumstances , whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer. ### (23) in order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online , certain providers of hosting services , namely , online platforms that allow consumers to conclude distance contracts with traders , should not be able to benefit from the exemption from liability for hosting service providers established in this regulation , in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control , and that those online platforms thus have knowledge of or control over the information , even if that may in reality not be the case.


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


### (36) in order to facilitate smooth and efficient communications relating to matters covered by this regulation , providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact , including the languages to be used in such communications. the point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. in contrast to the legal representative , the point of contact should serve operational purposes and should not necessarily have to have a physical location . ### (36) in order to facilitate smooth and efficient communications relating to matters covered by this regulation , providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact , including the languages to be used in such communications. the point of contact can also be used by professional entities , which are under a specific relationship with the provider of intermediary services. in contrast to the legal representative , the point of contact should serve operational purposes and should not necessarily have to have a physical location .


### (47) the misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems , respectively , established under this regulation undermines trust and harms the rights and legitimate interests of the parties concerned. therefore , there is a need to put in place appropriate and proportionate safeguards against such misuse. information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson , without any substantive analysis , that the content is illegal respectively that the notices or complaints are unfounded. under certain conditions , online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. this is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. for reasons of transparency , this possibility should be set out , clearly and in sufficiently detail , in the terms and conditions of the online platforms. redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent digital services coordinator. the rules of this regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services , in accordance with the applicable union and national law. those rules are without prejudice to any possibility to hold the persons engaged in misuse liable , including for damages , provided for in union or national law. ### (47) the misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems , respectively , established under this regulation undermines trust and harms the rights and legitimate interests of the parties concerned. therefore , there is a need to put in place appropriate and proportionate safeguards against such misuse. under certain conditions , online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. this is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of illegal content related to serious crimes. for reasons of transparency , this possibility should be set out , clearly and in sufficiently detail , in the terms and conditions of the online platforms. redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent digital services coordinator. the rules of this regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services , in accordance with the applicable union and national law. those rules are without prejudice to any possibility to hold the persons engaged in misuse liable , including for damages , provided for in union or national law.


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


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


### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions. ### (57) three categories of systemic risks should be assessed in-depth. a first category concerns the risks associated with the misuse of their service through the dissemination of illegal content , such as the dissemination of child sexual abuse material or illegal hate speech , and the conduct of illegal activities , such as the sale of products or services prohibited by union or national law , including counterfeit products. for example , and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law , such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. a second category concerns the impact of the service on the exercise of fundamental rights , as protected by the charter of fundamental rights , including the freedom of expression and information , the right to private life , the right to non-discrimination and the rights of the child. such risks may arise , for example , in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. the health in all policies principle should also be regarded as a guiding principle of digital policies , particularly taking into account mental health. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.


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


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


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


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


### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected. ### set out uniform rules for a safe , predictable and trusted online environment , where fundamental rights enshrined in the charter are effectively protected , especially for children below 18.


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


### 3. this regulation shall apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the union , irrespective of the place of establishment of the providers of those services. ### 3. this regulation shall apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the union , irrespective of the place of establishment of the providers of those services. the commission and the national and regional competent authorities shall ensure enforcement on non-eu companies that target their activities to one or several member states or regions.


### 5. this regulation is without prejudice to the rules laid down by the following: ### 5. the commission shall ensure that this regulation is duly and comprehensibly aligned with the existing relevant legislation in order to fix any possible legal discrepancy. this regulation is therefore without prejudice to the rules laid down by the following:


### ‘digital services coordinator of destination’ means the digital services coordinator of a member state where the intermediary service is provided; ### ‘digital services coordinator of destination’ means the digital services coordinator of a member state where the intermediary service is provided , with the possibility of devolution to regions in those member states with devolved digital competences to regions or other territorial entities;


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


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


### 2. paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider. ### 2. paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider. consumers shall be able to exercise against the intermediary service provider all the rights and remedies , including compensation for damages , repair , replacement , price reduction , contract termination or reimbursement of the price paid.


### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. ### 3. paragraph 1 shall not apply with respect to liability under union and , if applicable , national and regional consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. this shall be also assessed as a positive liability framework for online marketplaces at union level in order to address the existing problems related to widespread illegal activities in online marketplaces.


### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. ### 3. paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders , where such an online platform presents the specific item of information or otherwise enables the specific transaction to believe that the information , or the product or service that is the object of the transaction , is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. in addition , the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the union liable for the product safety on behalf of that trader.


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


### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. ### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers unless there has been a serious breach of union law in terms of a grave attempt on human rights , signalled continuously by consumers or users to the relevant authorities.


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


### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken. ### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national or , where applicable , regional law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken.


### 2. member states shall ensure that the orders referred to in paragraph 1 meet the following conditions: ### 2. member states , and where applicable also regions , shall ensure that the orders referred to in paragraph 1 meet the following conditions:


### — a statement of reasons explaining why the information is illegal content , by reference to the specific provision of union or national law infringed; ### — a statement of reasons explaining why the information is illegal content , by reference to the specific provision of union or national or regional law infringed;


### — one or more exact uniform resource locators and , where necessary , additional information enabling the identification of the illegal content concerned; ### — one or more exact uniform resource locators and , where necessary , additional information enabling the identification of the illegal content concerned , and the commission shall assess if a timeline should be adapted to the size and resources of companies affected;


### — information about redress available to the provider of the service and to the recipient of the service who provided the content; ### — information about redress available to the provider of the service and to the recipient of the service who provided the content , taking into account the timeline that the commission may have established to the company affected;


### the territorial scope of the order , on the basis of the applicable rules of union and national law , including the charter , and , where relevant , general principles of international law , does not exceed what is strictly necessary to achieve its objective; ### the territorial scope of the order , on the basis of the applicable rules of union and national and regional law , including the charter , and , where relevant , general principles of international law , does not exceed what is strictly necessary to achieve its objective;


### 3. the digital services coordinator from the member state of the judicial or administrative authority issuing the order shall , without undue delay , transmit a copy of the orders referred to in paragraph 1 to all other digital services coordinators through the system established in accordance with article 67. ### 3. the digital services coordinator from the member state of the judicial or administrative authority issuing the order shall , without undue delay , transmit a copy of the orders referred to in paragraph 1 to all other digital services coordinators through the system established in accordance with article 67. the digital services coordinator shall not use this legal prerogative to act against national , social , linguistic or cultural minorities.


### 4. the conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with union law. ### 4. the conditions and requirements laid down in this article shall be without prejudice to requirements under union law.


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


### 2. member states shall ensure that orders referred to in paragraph 1 meet the following conditions: ### 2. the commission , member states , or where applicable regions , shall ensure that orders referred to in paragraph 1 meet the following conditions:


### — a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable union or national rules , unless such a statement cannot be provided for reasons related to the prevention , investigation , detection and prosecution of criminal offences; ### — a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable union or national , or where applicable regional , rules , unless such a statement cannot be provided for reasons related to the prevention , investigation , detection and prosecution of criminal offences;


### 3. the digital services coordinator from the member state of the national judicial or administrative authority issuing the order shall , without undue delay , transmit a copy of the order referred to in paragraph 1 to all digital services coordinators through the system established in accordance with article 67. ### 3. the digital services coordinator from the member state of the national judicial or administrative authority issuing the order shall , without undue delay , transmit a copy of the order referred to in paragraph 1 to all digital services coordinators through the system established in accordance with article 67. the digital services coordinator shall not use this legal prerogative to act against national , social , linguistic or cultural minorities.


### 1. providers of intermediary services shall establish a single point of contact allowing for direct communication , by electronic means , with member states’ authorities , the commission and the board referred to in article 47 for the application of this regulation. ### 1. providers of intermediary services shall establish a single point of contact allowing for direct communication , by electronic means , with member states’ authorities , regional authorities where applicable , the commission and the board referred to in article 47 for the application of this regulation.


### 1. providers of intermediary services shall establish a single point of contact allowing for direct communication , by electronic means , with member states’ authorities , the commission and the board referred to in article 47 for the application of this regulation. ### 1. providers of intermediary services shall establish a single point of contact allowing for direct communication , by electronic means and by telephone , with member states’ authorities , the commission and the board referred to in article 47 for the application of this regulation.


### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. ### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. all the official languages of the union and its member states , including minority languages , shall be respected and its use guaranteed.


### 2. providers of intermediary services shall make public the information necessary to easily identify and communicate with their single points of contact. ### 2. providers of intermediary services shall make public , in a clear and user-friendly manner , the information necessary to easily identify and communicate with their single points of contact.


### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , which can be used to communicate with their points of contact and which shall include at least one of the official languages of the member state in which the provider of intermediary services has its main establishment or where its legal representative resides or is established. ### 3. providers of intermediary services shall specify in the information referred to in paragraph 2 , the official language or languages of the union , also the ones not official in the union but official or with another level of officialdom in its member state , which can be used to communicate with their points of contact and which shall include the official languages of the member state or the region in which the provider of intermediary services has its main establishment or where its legal representative resides or is established.


### 1. providers of intermediary services which do not have an establishment in the union but which offer services in the union shall designate , in writing , a legal or natural person as their legal representative in one of the member states where the provider offers its services. ### 1. providers of intermediary services which do not have an establishment in the union but which offer services in the union shall designate , in writing , a legal or natural person as their legal representative in one of the member states , or where applicable the region , where the provider offers its services.


### 2. providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the member states’ authorities , the commission and the board on all issues necessary for the receipt of , compliance with and enforcement of decisions issued in relation to this regulation. providers of intermediary services shall provide their legal representative with the necessary powers and resource to cooperate with the member states’ authorities , the commission and the board and comply with those decisions. ### 2. providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the member states’ authorities , the regional authority , the commission and the board on all issues necessary for the receipt of , compliance with and enforcement of decisions issued in relation to this regulation. providers of intermediary services shall provide their legal representative with the necessary powers and resource to cooperate with the member states’ authorities , the regional authority , the commission and the board and comply with those decisions.


### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. ### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. the use of algorithmic decision-making processes shall be notified to users whenever they are applied. the users should be able , where appropriate , to switch easily from interaction with the algorithmic system to human interaction. the information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. providers of intermediary services should list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under union or member state law in a clear and user-friendly manner , and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.


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


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


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


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### deleted


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


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


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


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


### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. ### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. online platforms shall set out the rules of procedure of their internal complaint handling system in a clear and user-friendly manner. the complainant should be able to enter free written explanations in addition to the pre-established complaint options.


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


### 3. online platforms shall handle complaints submitted through their internal complaint-handling system in a timely , diligent and objective manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay. ### 3. online platforms shall handle complaints submitted through their internal complaint-handling system in a timely , objective and transparent manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay.


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities.


### the first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. ### the first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. the dispute settlement body shall be independent and shall not present any conflict of interest with the provider.


### it is capable of settling dispute in a swift , efficient and cost-effective manner and in at least one official language of the union; ### it is capable of settling dispute in a swift , efficient and cost-effective manner and in the languages of the territory where the dispute happened , whether or not they are official of the union , and in at least one of the institutional languages of the union;


### it is capable of settling dispute in a swift , efficient and cost-effective manner and in at least one official language of the union; ### it is capable of settling dispute in a swift , efficient , accessible for persons with disabilities , and cost-effective manner and in one official language of the union and at least in the language of the recipient to whom the decision referred to in article 17 is addressed;


### it is capable of settling dispute in a swift , efficient and cost-effective manner and in at least one official language of the union; ### it is capable of settling dispute in a swift , efficient , transparent and cost-effective manner and in at least one official language of the union;


### the digital services coordinator shall , where applicable , specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the union in which the body is capable of settling disputes , as referred to in points (b) and (d) of the first subparagraph , respectively. ### the digital services coordinator shall , where applicable , specify in the certificate the particular issues to which the body’s expertise relates and the languages of the union in which the body is capable of settling disputes , as referred to in points (b) and (d) of the first subparagraph , respectively.


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


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


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


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


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


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the online platform shall , upon receiving that information , assess , with the support of the digital service coordinator if needed , whether the information referred to in points (a) , (d) and (e) of paragraph 1is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable and official sources. online platforms allowing distance contracts with third-country traders should establish that the third-country trader complies with the relevant union or national law on product safety and product compliance before giving them access its services offered in the union and , where appropriate , with the support of the digital service coordinator. the digital service coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.