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


### (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 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. in this regard , stresses the importance and the particularities of the transport and tourism online platform market , which require a sector-specific approach and special attention in this regard.


### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. ### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. considering that the digital economy , particularly platforms , can have a significant impact on long-established regulated business models in many strategic sectors such as transportation and hospitality , the commission should foster a level-playing field between online platforms and traditional enterprises operating in the transport and tourism sectors.


### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. ### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide and direct services at recipients which are physical persons residing in the union or physical persons acting on behalf of a legal person in the union , as evidenced by 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 ,28and 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 amended28 , 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. this regulation should also respect the jurisdiction of the member states in adopting laws promoting press freedom and media pluralism in addition to cultural and linguistic diversity. 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.


### (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 underpin the general idea that what is illegal offline should also be illegal online , while ensuring that what is legal offline should also be legal online. the concept of “illegal content” should be defined appropriately 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 or illegal dissemination 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 union or national law as a result of its display on an intermediary service is either itself illegal , such as illegal hate speech or terrorist content and unlawful discriminatory content , or due to its direct connection to or its promotion of an illegal activity , 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 , illegal trading of animals , plants and substances , the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. in this regard , it is immaterial whether the illegality of the information or activity results from union law or from national law that is consistent with union law and what the precise nature or subject matter is of the law in question.


### (17) the relevant rules of chapter ii should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. those rules should not be understood to provide a positive basis for establishing when a provider can be held liable , which is for the applicable rules of union or national law to determine. furthermore , the exemptions from liability established in this regulation should apply in respect of any type of liability as regards any type of illegal content , irrespective of the precise subject matter or nature of those laws. ### (17) the relevant rules of chapter ii should only establish when the provider of intermediary services concerned cannot be held liable in relation to illegal content provided by the recipients of the service. those rules should not be understood to provide a positive basis for establishing when a provider can be held liable , which is for the applicable rules of union or national law to determine. furthermore , the exemptions from liability established in this regulation should apply in respect of any type of liability as regards any type of illegal content , irrespective of the precise subject matter or nature of those laws , however , it should not apply to matters relating to information society services covered by regulation (eu) 2016/679 and directive 2002/58/ec , including the liability of controllers and processors.


### (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. 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 consumer.


### (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 health , including mental health , the safety and trust of the recipients of the service , including minors , women , lgbtiq+ people and vulnerable users such as those with protected characteristics under article 21 of the charter , 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. the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to users , in particular for children and women , such as psychological risk , development risks , mental risks , depression , loss of sleep , or altered brain function.


### (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 trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. this contact point may be the same contact point as required under other union acts. in contrast to the legal representative , the point of contact should serve operational purposes and should not necessarily have to have a physical location.


### (37) providers of intermediary services that are established in a third country that offer services in the union should designate a sufficiently mandated legal representative in the union and provide information relating to their legal representatives , so as to allow for the effective oversight and , where necessary , enforcement of this regulation in relation to those providers. it should be possible for the legal representative to also function as point of contact , provided the relevant requirements of this regulation are complied with. ### (37) providers of intermediary services that are established in a third country that offer services in the union should designate a sufficiently mandated legal representative in the union and provide information relating to their legal representatives , so as to allow for the effective oversight and , where necessary , enforcement of this regulation in relation to those providers. it should be possible for the legal representative to also function as point of contact , provided the relevant requirements of this regulation are complied with. where providers of intermediary services that are established in a third country choose not to do so , they become subject to the jurisdiction of all member states , in accordance with article 40(3).


### (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. 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 or incompatible with an online platforms' terms and conditions respectively that the notices or complaints are unfounded or mechanisms established under this regulation , abused. 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.


### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein. ### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling , and move towards less intrusive forms of advertising that do not require any tracking of user interaction with content. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for advertising. additionally , online platforms should provide customers to whom they supply online advertising , when requested and to the extent possible , with information that allows customer to understand how data was processed , categories of data or criteria on the basis of which ads may appear , and data that was disclosed to advertisers or third parties , and refrain from using any aggregated or non-aggregated data , which may include anonymised and personal data without explicit data subject’s consent. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein.


### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result. ### (53) given the importance of very large online platforms , due to their reach , 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 , specifically regarding disinformation , online harassment , hate speech or any other types of harmful content , there being no alternative and less restrictive measures that would effectively achieve the same result.


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


### (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 or the way platforms' terms and conditions including content moderation policies are enforced. therefore , it is necessary to promote adequate changes in platforms' conduct , a more accountable information ecosystem , enhanced fact-checking capabilities and collective knowledge on disinformation , and the use of new technologies to improve the way information is produced and disseminated online. a third category of risks concerns the intentional and , oftentimes , coordinated manipulation of the platform’s service , with a foreseeable impact on health , civic discourse , electoral processes , public security and protection of minors , having regard to the need to safeguard public order , protect privacy and fight fraudulent and deceptive commercial practices. such risks may arise , for example , through the creation of fake accounts , the use of bots , and other automated or partially automated behaviours , which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.


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


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative and option to modify or influence those parameters , including options that are not based on profiling of the recipient. when recommender systems use profiling of the recipient they should at least provide to the recipient a description of the basis upon which profiling is performed , including whether personal data and data derived from user activity is relied on , the processing applied , the purpose for which the profile is prepared and eventually used , and the impact of such profiling , as well as to seek their explicit consent in a user-friendly manner.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. these recommender systems can also have an impact on consumers' media consumption and cultural practices and might lead to their being enclosed in a bubble without enabling them to discover other content. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. moreover , these recommender systems can also impact media consumption and cultural practices of users , and may risk locking them into a bubble without providing them with the possibility to open up to different kind of content. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient.


### (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 or harmful 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 and propagation of fake or misleading information , sometimes with a purpose of obtaining economic or political gain , which are particularly harmful for recipients of the service. another area for consideration is to improve transparency regarding the origin of information and the way it is produced , sponsored , disseminated and targeted , to promote diversity of information through support of high quality journalism and relation between information creators and distributors , and to foster credibility of information by providing an indication of its trustworthiness , and improving traceability of information of influential information providers. 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 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 , harmful content 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.


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


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


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


### rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary services; ### rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary services , taking into account the sector-specific business model;


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


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


### ‘advertisement’ means information designed to promote the message of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface against remuneration specifically for promoting that information; ### ‘advertisement’ means information designed to promote the message of a legal or natural person , irrespective of whether to achieve commercial or non-commercial purposes , and displayed by an online platform on its online interface against remuneration specifically for promoting that information and that is not contingent on the completion of a given transaction;


### ‘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 , prioritise , select and display 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;


### 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. this regulation shall not prevent providers from offering end-to-end encrypted services. the provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.


### — 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 including information about effective remedy;


### — 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 rules;


### 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 may designate , in writing , a legal or natural person to act as their legal representative in one of the member states where the provider offers its services.


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


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


### 5. the provider shall also , without undue delay , notify that individual or entity of its decision in respect of the information to which the notice relates , providing information on the redress possibilities in respect of that decision. ### 5. the provider shall also , without undue delay , notify that individual or entity whose content was removed or challenged of its decision in respect of the information to which the notice relates , providing information on the redress possibilities in respect of that decision. the provider shall ensure that decision-making process is reviewed and final possible action taken by a qualified staff regardless of the automated means used;


### 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 , they shall include information on such use in the notification referred to in paragraph 4 and 5.


### 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 , of live streaming platform services and of private messaging 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 , or in respect of the recipient of the service who provided this information , in a timely , diligent non-discriminatory 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 , non-discriminatory and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient and notifier , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove , disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items , irrespective of the means used for detecting , identifying , removing or disabling access to or reducing the visibility of that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization , of the decision and provide a clear and specific statement of reasons for that decision.


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro or small enterprises , within the meaning of the annex to recommendation 2003/361/ec. the commission should assess the need to exclude micro and small entreprises that reach a large audience , based a number of average monthly active recipients of the service in the union , calculated in accordance with the methodology set out in the delegated acts referred to in article 25 , paragraph 3.


### decisions to remove or disable access to the information; ### decisions whether or not to remove or disable access to or restrict visibility of the information;


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


### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. ### 2. online platforms shall ensure that their internal complaint-handling and redress systems are easy to access and user-friendly , including for children , especially girls 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. ### 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.


### 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 or individuals or entities that have submitted notices , concerned to redress against the decision before a court in accordance with the applicable law.


### 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 at least one official language of the union;


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. online platforms shall take the necessary technical and organizational measures to ensure that notices submitted by trusted flaggers through the mechanism referred to in article 14 are processed , assessed and decided in priority and that best efforts are made to prevent future uploads of same illegal contents targeted by such notices , without prejudice to the implementation of a complaint and redress mechanism.


### 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 may 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 abuse notice and action mechanism and internal complaints-handling systems , frequently submitting notices or complaints that are manifestly unfounded.


### traceability of traders ### traceability of traders on online marketplaces


### 22 traceability of traders ### 22 traceability of traders and online advertisers


### 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. providers of online marketplaces 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 their services , the online marketplaces have 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 or sells online advertisements , it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the union if , prior to the use of its services , the online platform has obtained the following information:


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


### the bank account details of the trader , where the trader is a natural person; ### the payment 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 providers of online marketplaces shall , upon receiving that information and before allowing traders to use their services , take effective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is accurate , current and reliable through the use of independent and reliable sources including of any freely accessible official online database or online interface made available by an authorised administrator or a member states or the union or through direct requests to the trader to provide supporting documents from reliable sources.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the provider of the online marketplace shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by an authorized administrator or a member states or the union or through requests to the trader to provide supporting documents from reliable sources.


### 2. the online platform shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources. ### 2. the provider of the online marketplace shall , upon receiving that information , make reasonable efforts to assess whether the information referred to in points (a) , (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a member states or the union or through requests to the trader to provide supporting documents from reliable sources.


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


### where the trader fails to correct or complete that information , the online platform shall suspend the provision of its service to the trader until the request is complied with. ### where the trader fails to correct or complete that information , the providers of online marketplaces shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the union until the request is fully complied with.


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


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


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


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


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


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


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


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


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


### online advertising transparency ### online advertising transparency and control


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


### that the information displayed is an advertisement; ### that the information displayed on the interface or parts thereof is an online advertisement , including through prominent and harmonised marking;


### the natural or legal person on whose behalf the advertisement is displayed; ### the natural or legal person on whose behalf the advertisement is displayed and by which advertising agency or publishers managing advertisement campaigns , including criteria used by the ad-tech platform services such as pricing mechanisms , advertising auctions and their weighting , fees charged by ad exchanges , and the identity of the natural or legal person(s) responsible for the possible automated system;


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


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful information about the parameters used to determine the recipient to whom the advertisement is displayed , including how the information is ranked and prioritised by algorithmically suggesting on users online interfaces in an easily comprehensive manner;


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### clear , meaningful and uniform information about the parameters used to determine the recipient to whom the advertisement is displayed and the logic involved;


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


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


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


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


### 2. where several options are available pursuant to paragraph 1 , very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. ### 2. where several options are available pursuant to paragraph 1 , very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. when user creates account the settings for recommender systems shall be make default , not based on profiling , and give the user in easily comprehensible manner a choice to set the main parameters to be used in recommender systems.


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