### (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 , automatic and passive 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 or where the intermediary service provider optimises or promotes content considered as legal , regardless of whether this process is automated.


### (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 , passive 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 or where the provider of the service promotes and optimises the content.


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


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


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


### (22) in order to benefit from the exemption from liability for hosting services , the provider should , upon obtaining actual knowledge or awareness of illegal content , act expeditiously to remove or to disable access to that content. the removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. the provider can obtain such actual knowledge or awareness through , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content. ### (22) in order to benefit from the exemption from liability for hosting services , the provider should , upon obtaining actual knowledge or awareness of illegal content , act expeditiously to remove or to disable access to that content taking into account the potential harm the illegal content in question may create. in order to ensure a harmonised implementation of illegal content removal throughout the union , the provider should , within 24 hours , remove or disable access to illegal content that can seriously harm public policy , public security or public health or seriously harm consumers’ health or safety. for example , sharing of images depicting child sexual abuse , content related to sexual exploitation and abuse of women and girls and revenge porn. according to the well-established case-law of the court of justice and in line with directive 2000/31/ec , the concept of ‘public policy’ involves a genuine , present and sufficiently serious threat which affects one of the fundamental interests of society , in particular for the prevention , investigation , detection and prosecution of criminal offences , including the protection of minors and the fight against any incitement to hatred on grounds of race , gender , religion or nationality , and violations of human dignity concerning individual persons. the concept of ‘public security’ as interpreted by the court of justice covers both the internal security of a member state , which may be affected by , inter alia , a direct threat and physical security of the population of the member state concerned , and the external security , which may be affected by , inter alia , the risk of a serious disturbance to the foreign relations of that member state or to the peaceful coexistence of nations. where the illegal content does not seriously harm public policy , public security , public health or consumers’ health or safety , the provider should remove or disable access to illegal content within seven days. the deadlines referred to in this regulation should be without prejudice to specific deadlines set out in union law or within administrative or judicial orders. the provider may derogate from the deadlines referred to in this regulation on the grounds of force majeure or for justifiable technical or operational reasons but it should be required to inform the competent authorities as provided for in this regulation. the removal or disabling of access should be undertaken in the observance of the principle of the charter of fundamental rights , including a high level of consumer protection and freedom of expression. the provider can obtain such actual knowledge or awareness through , in particular , its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify , assess and where appropriate act against the allegedly illegal content.


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


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


### (25) in order to create legal certainty and not to discourage activities aimed at detecting , identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis , it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this regulation , provided those activities are carried out in good faith and in a diligent manner. in addition , it is appropriate to clarify that the mere fact that those providers take measures , in good faith , to comply with the requirements of union law , including those set out in this regulation as regards the implementation of their terms and conditions , should not lead to the unavailability of those exemptions from liability. therefore , any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability , in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision , without this rule however implying that the provider can necessarily rely thereon. ### (25) in order to create legal certainty and not to discourage activities aimed at detecting , identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis , it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this regulation , provided those activities are carried out in good faith and in a diligent and non-discriminatory manner. in addition , it is appropriate to clarify that the mere fact that those providers take measures , in good faith , to comply with the requirements of union law , including those set out in this regulation as regards the implementation of their terms and conditions , should not lead to the unavailability of those exemptions from liability. therefore , any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability , in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision , without this rule however implying that the provider can necessarily rely thereon.


### (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. in many cases , however , such providers are best placed to address the problem of illegal content and activities by removing or limiting access to such content or by bringing such activities to an end. 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 appropriate 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. it must be ensured that third parties can easily identify and contact the entity that has the technical and operational ability to act against illegal content.


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


### (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. nor does it concern ex ante measures by online marketplaces such as random checks to identify illegal content.


### (29) depending on the legal system of each member state and the field of law at issue , national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. the national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. in order to ensure that those orders can be complied with in an effective and efficient manner , so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens , without unduly affecting the rights and legitimate interests of any third parties , it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders. ### (29) depending on the legal system of each member state and the field of law at issue , national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. the national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. in order to ensure that those orders can be complied with in an efficient manner , so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens , without unduly affecting the rights and legitimate interests of any third parties , it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders.


### (32) the orders to provide information regulated by this regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable union or national rules. therefore , orders about information on a group of recipients of the service who are not specifically identified , including orders to provide aggregate information required for statistical purposes or evidence-based policy-making , should remain unaffected by the rules of this regulation on the provision of information. ### (32) the orders for the competent authorities to provide information regulated by this regulation concern the production of specific information about individual recipients of the intermediary service concerned who are identified in those orders for the purposes of determining compliance by the recipients of the services with applicable union or national rules. therefore , orders about information on a group of recipients of the service who are not specifically identified , including orders to provide aggregate information required for statistical purposes or evidence-based policy-making , should remain unaffected by the rules of this regulation on the provision of information.


### (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 , that will be equally respected by all , on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of the fundamental rights of all recipients of the service and the avoidance of unjustified , unfair , discriminatory or arbitrary outcomes. at the same time , all terms and conditions of use should be summarised explicitly , accessibly , and in such a way that is easy for anyone to understand; the terms and conditions should not infringe rights or restrict or inhibit use of the service.


### (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 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.


### (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 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.


### (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 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 , and , where a platform is an online marketplace , their business users. 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 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 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. data should be reported as disaggregated as possible. for example , anonymised individual characteristics such as gender , age group and social background of the notifying parties should be reported , whenever available. 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 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 a clear , detailed and comprehensive explanation of its suspicion. at the same time , this regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. online platforms should also respect other applicable rules of union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities.


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


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


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


### (72) the task of ensuring adequate oversight and enforcement of the obligations laid down in this regulation should in principle be attributed to the member states. to this end , they should appoint at least one authority with the task to apply and enforce this regulation. member states should however be able to entrust more than one competent authority , with specific supervisory or enforcement tasks and competences concerning the application of this regulation , for example for specific sectors , such as electronic communications’ regulators , media regulators or consumer protection authorities , reflecting their domestic constitutional , organisational and administrative structure. ### (72) the task of ensuring adequate oversight and enforcement of the obligations laid down in this regulation should in principle be attributed to the member states , with the possibility of european level oversight for a harmonised regulation enforcement. to this end , they should appoint at least one authority with the task to apply and enforce this regulation. member states should however be able to entrust more than one competent authority , with specific supervisory or enforcement tasks and competences concerning the application of this regulation , for example for specific sectors , such as electronic communications’ regulators , media regulators or consumer protection authorities , reflecting their domestic constitutional , organisational and administrative structure.


### (72) the task of ensuring adequate oversight and enforcement of the obligations laid down in this regulation should in principle be attributed to the member states. to this end , they should appoint at least one authority with the task to apply and enforce this regulation. member states should however be able to entrust more than one competent authority , with specific supervisory or enforcement tasks and competences concerning the application of this regulation , for example for specific sectors , such as electronic communications’ regulators , media regulators or consumer protection authorities , reflecting their domestic constitutional , organisational and administrative structure. ### (72) the task of ensuring adequate oversight and enforcement of the obligations laid down in this regulation should in principle be attributed to the member states , with the possibility of european-level oversight for a harmonised regulation enforcement. to this end , they should appoint at least one authority with the task to apply and enforce this regulation. member states should however be able to entrust more than one competent authority , with specific supervisory or enforcement tasks and competences concerning the application of this regulation , for example for specific sectors , such as electronic communications’ regulators , media regulators or consumer protection authorities , reflecting their domestic constitutional , organisational and administrative structure.


### (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 to provide 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.


### (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 , human resources and financial 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. furthermore , the digital services coordinator of each member state should establish a structured working relationship with the national competition authorities as well as the financial regulatory authorities working on their territory.


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


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


### 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 comprehensible , detailed and accessible reports on any content moderation they engaged in during the relevant period. those reports shall include , in particular , information on the following , as applicable:


### 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 , anonymised data on individual characteristics of those who submit these notices such as gender , age group and social background , 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 , anonymised data on individual characteristics of those who submit these complaints , such as gender , age group and social background , 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 and assess the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


### 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. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


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


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


### decisions to suspend or terminate the recipients’ account. ### decisions against or in favour of suspension or termination of the recipients’ account.


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


### 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 are involving human settlement in the case of dispute or redress.


### 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 , as well as individuals or entities that have submitted a notice , 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.


### 2. the digital services coordinator of the member state where the out-of-court dispute settlement body is established shall , at the request of that body , certify the body , where the body has demonstrated that it meets all of the following conditions: ### 2. the digital services coordinator of the member state where the out-of-court dispute settlement body is established shall certify the body , where the body has demonstrated that it meets all of the following conditions:


### 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 , including aspects such as financial resources and personnel;


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


### 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 manifestly illegal content in a designated area of expertise;


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


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


### it represents collective interests and is independent from any online platform; ### it represents collective interests or is an individual rightholder and is independent from any online platform;


### it represents collective interests and is independent from any online platform; ### it represents collective , non-commercial interests and is independent from any online platform;


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


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


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


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


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


### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union. this risk assessment shall be specific to their services and shall include the following systemic risks: ### 1. very large online platforms shall identify , analyse and assess , from the date of application referred to in the second subparagraph of article 25(4) , at least once a year thereafter , any significant systemic risks stemming from the functioning and use made of their services in the union and shall submit a report of that risk assessment to the national competent authority of the member state in which their legal representative is established. 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 and activities , such as business model and design decisions , in the union. this risk assessment shall be specific to their services and shall include the following systemic risks:


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


### the dissemination of illegal content through their services; ### details on the dissemination of illegal content through their services and impacted jurisdictions;


### 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 human dignity , private and family life , freedom of expression and information including the freedom and pluralism of the media , freedom of the art and science and the right to education , the prohibition of discrimination and the rights of the child , as enshrined in articles 1 , 7 , 11 , 13 , 14 , 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 , including the respect for private and family life , freedom of expression and information , the prohibition of discrimination , the rights of the child and intellectual property rights as enshrined in articles 7 , 11 , 17 , 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 respect for private and family life , freedom of expression and information , freedom and pluralism of the 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 , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on online violence , 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 or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security , in particular in relation to the risk of the intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service.


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


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


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


### 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 all 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 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 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 and taking note of their real or likely economic and competitive consequences , if any;


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


### 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 publicly available and searchable through easy to access , functionable and reliable tools through application programming interfaces a repository containing the information referred to in paragraph 2 , until five years 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 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 publicly available through application programming interfaces an easily accessible and searchable repository containing the information referred to in paragraph 2 , until five years 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 natural or legal person on whose behalf the advertisement is displayed; ### the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;


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


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


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


### 5. the commission shall , after consulting the board , adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service. ### 5. the commission shall , after consulting the board , and no later than one year after entry into force of this regulation , adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service.


### 1. very large online platforms shall publish the reports referred to in article 13 within six months from the date of application referred to in article 25(4) , and thereafter every six months. ### 1. very large online platforms shall publish the reports referred to in article 13 within six months from the date of application referred to in article 25(4) , and thereafter every three months.


### 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 and the board may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations , trusted flaggers 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. trusted flaggers and vetted researchers may submit to the commission and the board requests for codes of conduct to be considered based on the systemic risk reports referred to in article 13 and research evaluating the impact of the measures put in place by online platforms to address these.


### 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 aim to ensure that the codes of conduct clearly set out their objectives especially in relation to the flow of illegal content , 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.


### 1. the board shall be composed of the digital services coordinators , who shall be represented by high-level officials. where provided for by national law , other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this regulation alongside the digital services coordinator shall participate in the board. other national authorities may be invited to the meetings , where the issues discussed are of relevance for them. ### 1. the board shall be composed of the digital services coordinators , who shall be represented by high-level officials. where provided for by national law , other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this regulation alongside the digital services coordinator , notably representatives of european regulatory networks of independent national regulatory authorities , bodies or both , shall participate in the board. other national authorities may be invited to the meetings , where the issues discussed are of relevance for them.


### (74) the digital services coordinator , as well as other competent authorities designated under this regulation , play a crucial role in ensuring the effectiveness of the rights and obligations laid down in this regulation and the achievement of its objectives. accordingly , it is necessary to ensure that those authorities act in complete independence from private and public bodies , without the obligation or possibility to seek or receive instructions , including from the government , and without prejudice to the specific duties to cooperate with other competent authorities , the digital services coordinators , the board and the commission. on the other hand , the independence of these authorities should not mean that they cannot be subject , in accordance with national constitutions and without endangering the achievement of the objectives of this regulation , to national control or monitoring mechanisms regarding their financial expenditure or to judicial review , or that they should not have the possibility to consult other national authorities , including law enforcement authorities or crisis management authorities , where appropriate. ### (74) the digital services coordinator , as well as other competent authorities designated under this regulation , play a crucial role in ensuring the effectiveness of the rights and obligations laid down in this regulation and the achievement of its objectives. accordingly , it is necessary to ensure that those authorities act in complete independence from private and public bodies , without the obligation or possibility to seek or receive instructions , including from the government , and without prejudice to the specific duties to cooperate with other competent authorities , the digital services coordinators , the board and the commission. on the other hand , the independence of these authorities should not mean that they cannot be subject , in accordance with national constitutions and without endangering the achievement of the objectives of this regulation , to national control or monitoring mechanisms regarding their financial expenditure or to judicial review , or that they should not have the possibility to consult other national authorities , including law enforcement authorities or crisis management authorities , where appropriate. moreover , it is important to assure that the digital services coordinator , as well as other competent authorities have the necessary knowledge to guarantee the rights and obligations of this regulation. therefore , they should promote education and training on fundamental rights and discrimination for their staff , including training in partnership with law enforcement authorities , crisis management authorities or civil society organisations that support victims of illegal online and offline activities such as harassment , gender-based violence and illegal hate speech.


### (82) member states should ensure that digital services coordinators can take measures that are effective in addressing and proportionate to certain particularly serious and persistent infringements. especially where those measures can affect the rights and interests of third parties , as may be the case in particular where the access to online interfaces is restricted , it is appropriate to require that the measures be ordered by a competent judicial authority at the digital service coordinators’ request and are subject to additional safeguards. in particular , third parties potentially affected should be afforded the opportunity to be heard and such orders should only be issued when powers to take such measures as provided by other acts of union law or by national law , for instance to protect collective interests of consumers , to ensure the prompt removal of web pages containing or disseminating child pornography , or to disable access to services are being used by a third party to infringe an intellectual property right , are not reasonably available. ### (82) member states should ensure that digital services coordinators can take measures that are effective in addressing and proportionate to certain particularly serious and persistent infringements. especially where those measures can affect the rights and interests of third parties , as may be the case in particular where the access to online interfaces is restricted , it is appropriate to require that the measures be ordered by a competent judicial authority at the digital service coordinators’ request and are subject to additional safeguards. in particular , third parties potentially affected should be afforded the opportunity to be heard and such orders should only be issued when powers to take such measures as provided by other acts of union law or by national law , for instance to protect collective interests of consumers , to ensure the prompt removal of web pages containing or disseminating child pornography , content associated with the sexual exploitation and abuse of women and girls and revenge porn , or to disable access to services are being used by a third party to infringe an intellectual property right , are not reasonably available.


### ‘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 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;


### decisions to suspend or terminate the provision of the service , in whole or in part , to the recipients; ### decisions against or in favour of suspension or termination of the provision of the service , in whole or in part , to the recipients;


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


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


### article 29 ### deleted


### 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 good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete as well as the relationship , economic or otherwise , if any , the individual or entity has with the notified entity.


### 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.


### certified out-of-court dispute settlement bodies shall make the fees , or the mechanisms used to determine the fees , known to the recipient of the services and the online platform concerned before engaging in the dispute settlement. ### certified out-of-court dispute settlement bodies shall make information on the fees , or the mechanisms used to determine the fees , publicly available.


### it carries out its activities for the purposes of submitting notices in a timely , diligent and objective manner. ### it carries out its activities for the purposes of submitting notices in a timely , diligent and objective manner and in full respect of fundamental rights such as the freedom of expression and information.


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


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


### the number of disputes submitted to the out-of-court dispute settlement bodies referred to in article 18 , the outcomes of the dispute settlement and the average time needed for completing the dispute settlement procedures; ### the number of disputes submitted to certified out-of-court dispute settlement bodies referred to in article 18 , the outcomes of the dispute settlement and the average time needed for completing the dispute settlement procedures;


### reinforcing the internal processes or supervision of any of their activities in particular as regards detection of systemic risk; ### reinforcing the internal processes or supervision , not solely based on automated systems , of any of their activities in particular as regards detection of systemic risk;