### 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 clear and 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.


### 4. in order to be vetted , researchers shall be affiliated with academic institutions , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. ### 4. in order to be vetted , scientific researchers shall be affiliated with academic institutions , be independent from commercial interests and the very large online platform it seeks data from or its competitors , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.


### 1. the commission and the board shall encourage and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks , in accordance with union law , in particular on competition and the protection of personal data. ### 1. the commission and the board shall encourage and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , taking into account in particular the specific challenges of tackling different types of illegal content as defined in union and national law and systemic risks , in accordance with union law , in particular on competition and the protection of personal data.


### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. ### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. the commission should provide guidance to member states on how national , local and regional authorities should relate and remain in contact with their digital services coordinators.


### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators have adequate technical , financial and human resources to carry out their tasks. ### 1. member states shall ensure that their digital services coordinators perform their tasks under this regulation in an impartial , transparent and timely manner. member states shall ensure that their digital services coordinators dispose of all necessary technical , financial and human resources to carry out their tasks , which should include access to training and regular contact with the service provider with the aim to understand the sector-specific business model.


### 1. the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation. ### 1. the member state in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of chapters iii and iv of this regulation and final jurisdiction as to disputes on orders issued under article 8 and 9.


### the commission acting on its own initiative , or the board acting on its own initiative or upon request of at least three digital services coordinators of destination , may , where it has reasons to suspect that a very large online platform infringed any of those provisions , recommend the digital services coordinator of establishment to investigate the suspected infringement with a view to that digital services coordinator adopting such a decision within a reasonable time period. ### the commission acting on its own initiative , or the board acting on its own initiative or upon request of at least three digital services coordinators of destination , shall , where it has reasons to suspect that a very large online platform infringed any of those provisions , recommend the digital services coordinator of establishment to investigate the suspected infringement with a view to that digital services coordinator adopting such a decision without undue delay and in any event within two months.


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


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


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


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


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


### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , which establish specific rules and procedures that should remain unaffected. ### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , in particular directive (eu) 2019/790 on copyright and related rights in the digital single market , which establish specific rules and procedures that should remain unaffected.


### (13) considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations , it is necessary to distinguish , within the broader category of providers of hosting services as defined in this regulation , the subcategory of online platforms. online platforms , such as social networks or online marketplaces , should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request , but that also disseminate that information to the public , again at their request. however , in order to avoid imposing overly broad obligations , providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot , for objective technical reasons , be used without that other , principal service , and the integration of that feature is not a means to circumvent the applicability of the rules of this regulation applicable to online platforms. for example , the comments section in an online newspaper could constitute such a feature , where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher. ### (13) considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations , it is necessary to distinguish , within the broader category of providers of hosting services as defined in this regulation , the subcategory of online platforms. online platforms , such as social networks , content-sharing platforms , search engines , livestreaming platforms , messaging services or online marketplaces , , should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request , but that also disseminate that information to the public , again at their request. however , in order to avoid imposing overly broad obligations , providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot , for objective technical reasons , be used without that other , principal service , and the integration of that feature is not a means to circumvent the applicability of the rules of this regulation applicable to online platforms. for example , the comments section in an online newspaper could constitute such a feature , where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.


### (14) the concept of ‘dissemination to the public’ , as used in this regulation , should entail the making available of information to a potentially unlimited number of persons , that is , making the information easily accessible to users in general without further action by the recipient of the service providing the information being required , irrespective of whether those persons actually access the information in question. the mere possibility to create groups of users of a given service should not , in itself , be understood to mean that the information disseminated in that manner is not disseminated to the public. however , the concept should exclude dissemination of information within closed groups consisting of a finite number of pre-determined persons. interpersonal communication services , as defined in directive (eu) 2018/1972 of the european parliament and of the council ,39 such as emails or private messaging services , fall outside the scope of this regulation. information should be considered disseminated to the public within the meaning of this regulation only where that occurs upon the direct request by the recipient of the service that provided the information. ### (14) the concept of ‘dissemination to the public’ , as used in this regulation , should entail the making available of information to a potentially unlimited or large number of persons , that is , making the information easily accessible to users in general without further action by the recipient of the service providing the information being required , irrespective of whether those persons actually access the information in question. the mere possibility to create groups of users of a given service should not , in itself , be understood to mean that the information disseminated in that manner is not disseminated to the public. interpersonal communication services , as defined in directive (eu) 2018/1972 of the european parliament and of the council ,39 such as emails or private messaging services , fall outside the scope of this regulation.


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


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


### (28) providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. this does not concern monitoring obligations in a specific case and , in particular , does not affect orders by national authorities in accordance with national legislation , in accordance with the conditions established in this regulation. nothing in this regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation , or as a general obligation for providers to take proactive measures to relation to illegal content. ### (28) providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. this does not concern monitoring obligations in a specific case and , in particular , does not affect orders by national authorities in accordance with national legislation , in accordance with the conditions established in this regulation. nothing in this regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation , or as a general obligation for providers to take proactive measures to relation to illegal content. nothing in this regulation should prevent providers from enacting end-to-end encryption of their services.


### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. ### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and acting responsibly in applying and enforcing of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. terms and conditions should be summarised in a clear , accessible and easily comprehensible manner while offering possibility of opting-out from optional clauses.


### (39) to ensure an adequate level of transparency and accountability , providers of intermediary services should annually report , in accordance with the harmonised requirements contained in this regulation , on the content moderation they engage in , including the measures taken as a result of the application and enforcement of their terms and conditions. however , so as to avoid disproportionate burdens , those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in commission recommendation 2003/361/ec.40 ### (39) to ensure an adequate level of transparency and accountability , providers of intermediary services should present publicly available annual report , in accordance with the harmonised requirements contained in this regulation , on the content moderation they engage in , including the measures taken as a result of the application and enforcement of their terms and conditions , including comprehensive anonymised statistical analysis of measures taken and the misuses of services and manifestly unfounded notices or complaints under the mechanisms established under this regulation. however , so as to avoid disproportionate burdens , those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in commission recommendation 2003/361/ec.40


### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of information relating to certain activity of a recipient of the service , such as the provision of certain types of illegal content , that reasonably justify , having regard to all relevant circumstances of which the online platform is aware , the suspicion that the recipient may have committed , may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person , such as offences specified in directive 2011/93/eu of the european parliament and of the council44 . in such instances , the online platform should inform without delay the competent law enforcement authorities of such suspicion , providing all relevant information available to it , including where relevant the content in question and an explanation of its suspicion. this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. ### (48) an online platform may in some instances become aware , such as through a notice by a notifying party or through its own voluntary measures , of information relating to certain activity of a recipient of the service , such as the provision of certain types of illegal content , that reasonably justify , having regard to all relevant circumstances of which the online platform is aware , the suspicion that the recipient have committed , a serious criminal offence involving a threat to the life or safety of person , such as offences specified in directive 2011/93/eu of the european parliament and of the council44. in such instances , the online platform should inform without delay the competent law enforcement authorities of such suspicion , providing all relevant information available to it , including where relevant the content in question and an detailed and comprehensive explanation of its suspicion. however , this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms , the confidentiality of an ongoing investigation should be protected , and comply with the protection of the data subject as it is set out in article 23(1) and (2) of regulation (eu) 2016/679. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.


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


### (77) member states should provide the digital services coordinator , and any other competent authority designated under this regulation , with sufficient powers and means to ensure effective investigation and enforcement. digital services coordinators should in particular be able to search for and obtain information which is located in its territory , including in the context of joint investigations , with due regard to the fact that oversight and enforcement measures concerning a provider under the jurisdiction of another member state should be adopted by the digital services coordinator of that other member state , where relevant in accordance with the procedures relating to cross-border cooperation. ### (77) member states should provide the digital services coordinator , and any other competent authority designated under this regulation , with sufficient powers and means to ensure effective investigation and enforcement. digital services coordinators should in particular be able to search for and obtain information which is located in its territory , including in the context of joint investigations , with due regard to the fact that oversight and enforcement measures concerning a provider under the jurisdiction of another member state should be adopted by the digital services coordinator of that other member state , where relevant in accordance with the procedures relating to cross-border cooperation. member states should also consider specialised training , in cooperation with union bodies , offices and agencies , for relevant national authorities , in particular administrative authorities , who are responsible for issuing orders to act against illegal content and provide information.


### union law on copyright and related rights; ### union law on copyright and related rights , in particular directive (eu) 2019/790 on copyright and related rights in the digital single market;


### — information about redress available to the provider and to the recipients of the service concerned; ### — information about content of the order and redress available to the provider and to the recipients of the service concerned;


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


### 1. providers of intermediary services shall publish , at least once a year , clear , easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. those reports shall include , in particular , information on the following , as applicable: ### 1. providers of intermediary services shall publish , at least once a year , clear , easily accessible , comprehensible , and detailed reports on any content moderation they engaged in during the relevant period. the reports shall be available in searchable archives. those reports shall include , in particular , information on the following , as applicable:


### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9 , and the average time needed for taking the action specified in those orders; ### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , separately for each member state , including orders issued in accordance with articles 8 and 9 , and the average time needed for taking the action specified in those orders;


### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9 , and the average time needed for taking the action specified in those orders; ### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9 , and the average time needed to inform the authority issuing the order of its receipt and the effect given to the order;


### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action; ### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , the number of notices submitted by trusted flaggers , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action;


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed , including decisions reversed based on redress possibilities.


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , gender and (if children) the age of complainants , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed.


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


### an explanation of the reasons why the individual or entity considers the information in question to be illegal content; ### an explanation of the reasons why the individual or entity considers the information in question to be illegal content , or content that is in breach with providers' terms and conditions;


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


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information , for example the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content , or content that is in breach with providers' terms and conditions;


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


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide recipients of the service , as well as individuals or entities that have submitted a notice for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the decision taken by the online platform not to act after having received a notice , and against the decisions taken by the online platform on the ground that the information provided by the recipients is illegal content under union or national law , or incompatible with its terms and conditions:


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


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


### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. ### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means and have adequate human oversight.


### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. ### 5. online platforms shall ensure that recipients of the service are given the possibility , where necessary , to contact a human interlocutor at the time of the submission of the complaint and that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means.


### 1. recipients of the service addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. ### 1. recipients of the service individuals or entities that have submitted notices , addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.


### it is impartial and independent of online platforms and recipients of the service provided by the online platforms; ### it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the member state or any other public or private body;


### it is impartial and independent of online platforms and recipients of the service provided by the online platforms; ### it is impartial and independent of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;


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


### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content; ### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content , as well as intentional manipulation and exploitation of the service in the sense of article 26 , paragraph 1(c);


### it represents collective interests and is independent from any online platform; ### it represents collective interests and is independent from any online platform , political parties or commercial interest;


### it represents collective interests and is independent from any online platform; ### deleted


### it represents collective interests and is independent from any online platform; ### it represents collective interests and is independent from any online platform , law enforcement , or other government or relevant commercial entity;


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


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


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


### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints; ### the number of suspensions or other restrictions of services imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints and presented separately by means identified , namely out-of-court disputes , notice and action mechanism or orders from judicial or administrative authority;


### any use made of automatic means for the purpose of content moderation , including a specification of the precise purposes , indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied. ### any use made of automatic means for the purpose of content moderation , including a specification of the precise purposes , indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied including human oversight and decisions made.


### 4 additional obligations for very large online platforms to manage systemic risks ### 4 additional obligations for very large online platforms , live streaming platforms , private messaging providers and search engines to manage systemic risks


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


### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union. this risk assessment shall be specific to their services and shall include the following systemic risks: ### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , on an ongoing basis and at least once a year thereafter , the probability and severity of any systemic risks stemming from the design , intrensic characteristics , functioning and use made of their services in the union. the risk assessment shall be broken down per member state in which services are offered and in the union as a whole. this risk assessment shall be specific to their services and shall include the following systemic risks:


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


### the dissemination of illegal content through their services; ### the dissemination of illegal content and content that is in breach of their terms and conditions through their services , including unsafe and non-compliant products and services , in case of online marketplaces;


### the dissemination of illegal content through their services; ### the dissemination of illegal content and content that is in breach of their terms and conditions through their services ,


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


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


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


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


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### intentional manipulation of their service and amplification of content that is in breach of their terms and conditions , including by means of inauthentic use , such as ‘deep fakes’ or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , democratic values , media freedom and freedom of expression of journalists , as well as their ability to verify facts , civic discourse , or actual or foreseeable effects related to electoral processes and public security.


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


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


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


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


### targeted measures aimed at limiting the display of advertisements in association with the service they provide; ### targeted measures aimed at limiting the display of advertisements in association with the service they provide , limiting providers of disinformation and monetisation of fake news , limiting reach of advertisement and advertisements identified as posing risk pursuant to article 26;


### targeted measures aimed at limiting the display of advertisements in association with the service they provide; ### targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;


### identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources , in particular those provided in compliance with article 31 and 33; ### identification and assessment of each of the systemic risks reported by very large online platforms or identified through other information sources , in particular those provided in compliance with article 31 and 33;


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


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


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


### 2. audits performed pursuant to paragraph 1 shall be performed by organisations which: ### 2. audits performed pursuant to paragraph 1 shall be performed by organisations which have been selected by the commission and:


### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. ### 1. very large online platforms that display advertising on their online interfaces shall compile and make available to relevant authorities and vetted researchers , meeting the requirements of article 31(4) , through application programming interfaces a repository containing the information referred to in paragraph 2 ,until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.


### the total number of recipients of the service reached and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically. ### the total number of recipients of the service reached in each country and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.


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


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


### it does not have access to the data; ### in case of request under paragraph 1 , a very large online platform does not have and cannot obtain with reasonable effort access to the data;


### giving access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information , in particular trade secrets. ### in case of request under paragraph 2 , a very large online platform does not have access to the data or providing access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information , in particular trade secrets.


### 1. very large online platforms shall appoint one or more compliance officers responsible for monitoring their compliance with this regulation. ### 1. very large online platforms shall appoint one or more compliance officers , for every member state in the official language of concerning state , responsible for monitoring their compliance with this regulation.


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


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


### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall aim to ensure that the codes of conduct clearly set out their objectives , contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties , including citizens , at union level. the commission and the board shall also aim to ensure that participants report regularly to the commission and their respective digital service coordinators of establishment on any measures taken and their outcomes , as measured against the key performance indicators that they contain. ### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall ensure that the codes of conduct clearly set out their objectives , contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties , including citizens , at union level. the commission and the board shall also ensure that participants report regularly to the commission and their respective digital service coordinators of any measures taken and their outcomes , as measured against the key performance indicators that they contain in order to facilitate effective cross-platform monitoring


### 4. the commission and the board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3 , and shall regularly monitor and evaluate the achievement of their objectives. they shall publish their conclusions. ### 4. the commission and the board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3 , and shall regularly monitor and evaluate the achievement of their objectives , and publish their conclusions. furthermore , they shall ensure that there is common alert mechanism managed at eu level to allow for real-time and coordinated responses.


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘illegal content’ means any information , which , in itself is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law or due to its connection to or promotion of an illegal activity , including the sale of products , substances , animals or plants , or provision of services , directly leads to the dissemination to the public of such an illegal content. material disseminated for educational , journalistic , artistic or research purposes or for the purposes of preventing or countering illegal content including the content which represents an expression of polemic or controversial views in the course of public debate shall not be considered as illegal content. an assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘illegal content’ means any information , which in itself , or due to its connection to or promotion of an illegal activity , including the sale of products , substances , animals or plants , or provision of services , is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law , directly leads to the dissemination to the public of such an illegal content. material disseminated for educational , journalistic , artistic or research purposes or for the purposes of preventing or countering illegal content including the content which represents an expression of polemic or controversial views in the course of public debate shall not be considered as illegal content. an assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.


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


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


### the obligations set out in chapter iii; ### the obligations set out in chapter iii; in particular the quality of the identification , analysis and assessment of the risks referred to in article 26 , and the necessity , proportionality and effectiveness of the risk mitigation measures referred to in article 27;


### the obligations set out in chapter iii; ### the obligations set out in chapter iii; in particular the quality of the identification , analysis and assessment of the risks referred to in article 26 , and the necessity , proportionality and effectiveness of the risk mitigation measures referred to in article 27


### the obligations set out in chapter iii; ### the obligations set out in chapter iii , in particular the quality of the identification , analysis and assessment of the risks referred to in article26 , and the necessity , proportionality and effectiveness of the risk mitigation measures referred to in article 27;


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


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


### article 21 ### deleted


### the name , address , telephone number and electronic mail address of the economic operator , within the meaning of article 3(13) and article 4 of regulation (eu) 2019/1020 of the european parliament and the council51 or any relevant act of union law; ### the name , address , telephone number and electronic mail address of the economic operator , established in the union and carrying out the tasks in accordance with article 3(13) and article 4 of regulation (eu) 2019/1020 of the european parliament and the council51 or [article xx of the general product safety regulation] , or any relevant act of union law;


### 4. the commission may adopt implementing acts to lay down templates concerning the form , content and other details of reports pursuant to paragraph 1. ### 4. the commission shall adopt implementing acts to establish a set of key performance indicators and lay down templates concerning the form , content and other details of reports pursuant to paragraph 1.


### very large online platforms ### very large online platforms , live streaming platforms , private messaging providers and search engines


### 2. the board , in cooperation with the commission , shall publish comprehensive reports , once a year , which shall include the following: ### 2. the board , in cooperation with the commission , shall publish comprehensive reports , once a year. the reports of the board shall be broken down per member state in which the systemic risks occur and in the union as a whole. the reports shall be published in all the official languages of the member states of the union. the reports shall include the following:


### 2. the board , in cooperation with the commission , shall publish comprehensive reports , once a year , which shall include the following: ### 2. the board , in cooperation with the commission , shall publish comprehensive reports once a year. the reports of the board shall be broken down per member state in which the systemic risks occur and in the union as a whole. the reports shall be published in all the official languages of the member states of the union. the reports shall include the following:


### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech as well as the code of practice on disinformation. in particular for the latter , the commission will issue guidance for strengthening the code of practice on disinformation as announced in the european democracy action plan. ### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech as well as the code of practice on disinformation. in particular for the latter , since the commission has issued guidance for strengthening the code of practice on disinformation as announced in the european democracy action plan in may 2021.


### (76) in the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the member states , there is a need to ensure clarity under which member state's jurisdiction those providers fall for the purposes of enforcing the rules laid down in chapters iii and iv by the national competent authorities. a provider should be under the jurisdiction of the member state where its main establishment is located , that is , where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. in respect of providers that do not have an establishment in the union but that offer services in the union and therefore fall within the scope of this regulation , the member state where those providers appointed their legal representative should have jurisdiction , considering the function of legal representatives under this regulation. in the interest of the effective application of this regulation , all member states should , however , have jurisdiction in respect of providers that failed to designate a legal representative , provided that the principle of ne bis in idem is respected. to that aim , each member state that exercises jurisdiction in respect of such providers should , without undue delay , inform all other member states of the measures they have taken in the exercise of that jurisdiction. ### (76) in the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the member states , there is a need to ensure clarity under which member state's jurisdiction those providers fall for the purposes of enforcing the rules laid down in chapters iii and iv and article 8 and 9 by the national competent authorities. a provider should be under the jurisdiction of the member state where its main establishment is located , that is , where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. in respect of providers that do not have an establishment in the union but that offer services in the union and therefore fall within the scope of this regulation , the member state where those providers appointed their legal representative should have jurisdiction , considering the function of legal representatives under this regulation. in the interest of the effective application of this regulation , all member states should , however , have jurisdiction in respect of providers that failed to designate a legal representative , provided that the principle of ne bis in idem is respected. to that aim , each member state that exercises jurisdiction in respect of such providers should , without undue delay , inform all other member states of the measures they have taken in the exercise of that jurisdiction.


### (78) member states should set out in their national law , in accordance with union law and in particular this regulation and the charter , the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their digital services coordinators , and other competent authorities where relevant , under this regulation. ### (78) member states should set out in their national law , in accordance with union law and in particular this regulation and the charter , the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their digital services coordinators , and other competent authorities where relevant , under this regulation. in order to ensure coherence between the member states , the commission should adopt guidance on the procedures and rules related to the powers of digital services coordinators.


### (85) where a digital services coordinator requests another digital services coordinator to take action , the requesting digital services coordinator , or the board in case it issued a recommendation to assess issues involving more than three member states , should be able to refer the matter to the commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. the commission , on the basis of the information made available by the concerned authorities , should accordingly be able to request the competent digital services coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. this possibility is without prejudice to the commission’s general duty to oversee the application of , and where necessary enforce , union law under the control of the court of justice of the european union in accordance with the treaties. a failure by the digital services coordinator of establishment to take any measures pursuant to such a request may also lead to the commission’s intervention under section 3 of chapter iv of this regulation , where the suspected infringer is a very large online platform ### (85) where a digital services coordinator requests another digital services coordinator to take action , the requesting digital services coordinator , or the board in case it issued a recommendation to assess issues involving more than four member states , should be able to refer the matter to the commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. if the commission believes that the digital services coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request , the commission , on the basis of the information made available by the concerned authorities , should accordingly be able to request the competent digital services coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. this possibility is without prejudice to the commission’s general duty to oversee the application of , and where necessary enforce , union law under the control of the court of justice of the european union in accordance with the treaties. a failure by the digital services coordinator of establishment to take any measures pursuant to such a request may also lead to the commission’s intervention under section 3 of chapter iv of this regulation , where the suspected infringer is a very large online platform.


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


### (99) in particular , the commission should have access to any relevant documents , data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this regulation , irrespective of who possesses the documents , data or information in question , and regardless of their form or format , their storage medium , or the precise place where they are stored. the commission should be able to directly require that the very large online platform concerned or relevant third parties , or than individuals , provide any relevant evidence , data and information. in addition , the commission should be able to request any relevant information from any public authority , body or agency within the member state , or from any natural person or legal person for the purpose of this regulation. the commission should be empowered to require access to , and explanations relating to , data-bases and algorithms of relevant persons , and to interview , with their consent , any persons who may be in possession of useful information and to record the statements made. the commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this regulation. those investigatory powers aim to complement the commission’s possibility to ask digital services coordinators and other member states’ authorities for assistance , for instance by providing information or in the exercise of those powers ### (99) in particular , the commission , where it can show grounds for believing that a very large online platform is not compliant with this regulation , should have access to any relevant documents , data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this regulation , irrespective of who possesses the documents , data or information in question , and regardless of their form or format , their storage medium , or the precise place where they are stored. the commission should be able to directly require that the very large online platform concerned or relevant third parties , or than individuals , provide any relevant evidence , data and information related to those concerns. in addition , the commission should be able to request any relevant information from any public authority , body or agency within the member state , or from any natural person or legal person for the purpose of this regulation. the commission should be empowered to require access to , and explanations relating to , data-bases and algorithms of relevant persons , and to interview , with their consent , any persons who may be in possession of useful information and to record the statements made. the commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this regulation. those investigatory powers aim to complement the commission’s possibility to ask digital services coordinators and other member states’ authorities for assistance , for instance by providing information or in the exercise of those powers.


### (104) in order to fulfil the objectives of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation. in particular , delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (104) in order to fulfil the objectives of this regulation , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation. in particular , delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. it is also equally important that , when standardisation bodies are unable to agree the standards needed to implement this regulation fully , the commission chooses to adopt delegated acts. it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 2016. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### 1. this regulation lays down harmonised rules on the provision of intermediary services in the internal market. in particular , it establishes: ### 1. this regulation lays down harmonised rules on the provision of intermediary services in order to improve the functioning of the internal market whilst ensuring the rights enshrined in the charter of fundamental rights of the european union , in particular the freedom of expression and information in an open and democratic society. in particular , it establishes:


### directive 2010/13/ec; ### directive 2010/13/eu as amended by directive 2018/1808/eu;


### union law on copyright and related rights; ### union law on copyright and related rights , in particular directive (eu) 2019/790 on copyright and related rights in digital single market;


### union law on consumer protection and product safety , including regulation (eu) 2017/2394; ### union law on consumer protection and product safety , including regulation (eu) 2017/2394 , regulation (eu) 2019/1020 and regulation xxx (general product safety regulation);


### — a significant number of users in one or more member states; or ### — a significant number of average monthly active recipients in one or more member states; or


### ‘trader’ means any natural person , or any legal person irrespective of whether privately or publicly owned , who is acting , including through any person acting in his or her name or on his or her behalf , for purposes relating to his or her trade , business , craft or profession; ### ‘trader’ means any natural person , or any legal person irrespective of whether privately or publicly owned , who is acting , including through any person acting in his or her name or on his or her behalf , for purposes relating to his or her trade , business , craft or profession , or any natural or legal person that is offering goods , digital content , or services on a commercial scale;


### additional online advertising transparency ### additional online advertising transparency and protection


### additional online advertising transparency ### additional transparency for online advertising and "deep fakes" audiovisual media


### additional online advertising transparency ### additional transparency for online advertisements and deep fakes


### the content of the advertisement; ### the content of the advertisement , including the name of the product , service or brand and the object of the advertisement;


### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and within a reasonable period , specified in the request , access to data that are necessary to monitor and assess compliance with this regulation. that digital services coordinator and the commission shall only use that data for those purposes. ### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and without delay , specified in the request , full and continuous access to data that are necessary to monitor and assess compliance with this regulation. that digital services coordinator and the commission shall only use that data for those purposes. with regard to moderation and recommender systems , very large online platforms shall provide upon request the digital services coordinator or the commission with access to algorithms and associated data that allow the detection of possible biases which could lead to the dissemination of illegal content , or content that is in breach with their terms and conditions , or presents threats to fundamental rights including freedom of expression. where a bias is detected , very large online platforms should expeditiously correct it following the recommendations of the digital services coordinator or the commission. very large online platforms should be able to demonstrate their compliance at every step of the process pursuant to this article.


### 6. within 15 days following receipt of a request as referred to in paragraph 1 and 2 , a very large online platform may request the digital services coordinator of establishment or the commission , as applicable , to amend the request , where it considers that it is unable to give access to the data requested because one of following two reasons: ### 6. within 15 days following receipt of a request as referred to in paragraph 1and 2 , a very large online platform may request the digital services coordinator of establishment or the commission , as applicable , to amend the request , where it considers that it is unable to give access to the data requested for the following reasons:


### 4. paragraphs 1 , 2 and 3 are without prejudice to the second subparagraph of article 50(4) and the second subparagraph of article 51(2) and the tasks and powers of the commission under section 3. ### 4. paragraphs 1 , 1a , 2 and 3 are without prejudice to article 43(2) , the second subparagraph of article 50(4) and the second subparagraph of article 51(2) and the tasks and powers of the commission under section 3.


### where the board has reasons to suspect that a provider of intermediary services infringed this regulation in a manner involving at least three member states , it may recommend the digital services coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this regulation. ### where the board has reasons to suspect that a provider of intermediary services infringed this regulation in a manner involving at least three member states , it shall request the digital services coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this regulation.


### 2. a request or recommendation pursuant to paragraph 1 shall at least indicate: ### 2. a request pursuant to paragraph 1 shall at least indicate:


### 3. the digital services coordinator of establishment shall take into utmost account the request or recommendation pursuant to paragraph 1. where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the digital services coordinator that sent the request , or the board , could provide additional information , it may request such information. the time period laid down in paragraph 4 shall be suspended until that additional information is provided. ### 3. the digital services coordinator of establishment shall take into utmost account the request pursuant to paragraph 1 and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance without undue delay. where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the digital services coordinator that sent the request , and to the board , could provide additional information , it may request such information. the time period laid down in paragraph 4 shall be suspended until that additional information is provided.


### 4. the digital services coordinator of establishment shall , without undue delay and in any event not later than two months following receipt of the request or recommendation , communicate to the digital services coordinator that sent the request , or the board , its assessment of the suspected infringement , or that of any other competent authority pursuant to national law where relevant , and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this regulation. ### 4. the digital services coordinator of establishment shall , without undue delay and in any event not later than two months following receipt of the request or recommendation , communicate to the digital services coordinator that sent the request , or the board , its assessment of the suspected infringement , or that of any other competent authority pursuant to national law where relevant , and an explanation of the result of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this regulation. the digital services coordinator shall at least conduct a preliminary assessment of the issue raised.


### 4. the digital services coordinator of establishment shall , without undue delay and in any event not later than two months following receipt of the request or recommendation , communicate to the digital services coordinator that sent the request , or the board , its assessment of the suspected infringement , or that of any other competent authority pursuant to national law where relevant , and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this regulation. ### 4. the digital services coordinator of establishment shall , without undue delay and in any event not later than two months following receipt of the request or recommendation , communicate to the digital services coordinator that sent the request , or the board , its assessment of the suspected infringement , or that of any other competent authority pursuant to national law where relevant , an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto and a statement of reason in case of decision , following its investigation , not to take measures to ensure compliance with this regulation.