### 2. recalls that services represent the largest economic activity in the eu in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services , including through the enforcement of competition rules; ### 2. recalls that services represent the largest economic activity in the eu in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining unjustified barriers to the development of the single market for services , including through the enforcement of competition rules;


### 3. recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the committee on the internal market and consumer protection (imco); highlights , in this context , the adoption of imco’s report on the digital markets act (dma) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; ### 3. recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the committee on the internal market and consumer protection (imco); highlights , in this context , the adoption of imco’s report on the digital markets act (dma) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; highlights that competition policy rules are also tools for reaching a high level consumer protection , therefore consumer rights must be preserved and if possible strengthened both online and offline;


### 4. underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the commission in the framework of the dma , as set out in imco’s report; ### 4. recalls that , in order to fight effectively against anti-competitive practices , killer acquisitions must be also taken into account; welcomes the commission’s guidance on the application of the referral mechanism set out in article 22 of the merger regulation to certain categories of cases2awhich aims to close the loophole related to killer acquisitions in merger control; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and underline that merger control should be assessed by the rules of the merger regulation , whilst dma should rein the dominance of big online players;


### 6. notes that the vertical block exemption regulation1 and related vertical guidelines2 have been inadequately adapted for recent market developments , notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector , where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship , thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; ### 6. notes that the commission is currently working on its proposal to better adapt the vertical block exemption regulation1 and related vertical guidelines2 for recent market developments , notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector , where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship , thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy protects efficient market structures against concentrations and accumulations of market power , just as it advances consumer welfare;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; and that it is committed to achieving the union’s objectives as enshrined in article 3 teu such as full employment and social progress , a high level of protection and improvement of the quality of the environment , and the promotion of scientific and technological advancement;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference either to the legal , economic , political and social context , or to the new competitive dynamics of the markets;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , international , economic , political and social context;


### policy response to the war in ukraine and the inflation reduction act ### eu and member states’ policy response to the covid-19 pandemic , the war in ukraine and the inflation reduction act


### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; ### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; asks the commission to consider including also the exceptional surge in prices of raw materials and transport costs as well as to increase the aid thresholds in line with the economic needs of the different eu regions and rising inflation;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; warns the commission for international subsidy competition and calls upon the commission to use the tools at its disposal to prevent and sanction unfair subsidy competition; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; points out that currently the eu's borrowing costs are relatively high , therefore calls upon the union to implement new own resources to back eu funds and thereby lower borrowing costs;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and a level playing field; is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; considers that any flexibilisation of the state aid framework should be applied only to european funds;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. while noting that in response to european submissions about the us inflation reduction act , american high representatives have retorted that the eu could apply measures similar to those being introduced in the us; calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments , but warns against a global subsidy race; stresses that any additional state support should be targeted and temporarily , and should be consistent with eu policy objectives such as the green deal and the pillar of social rights; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response;


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


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


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


### 13. calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained , but conditions for competition would improve significantly if unbundling measures were applied; ### 13. acknowledges the existence of a legal basis for structural separation; regrets the reluctance of the commission to address market dominance through structural separation; calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained , but conditions for competition would improve significantly if unbundling measures were applied;


### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english; ### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english; calls on the commission to promote the exchange of information among national competition authorities , ensuring transparency;


### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; considers that violations of privacy rights can constitute abusive practices; ### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma particularly in antitrust procedures against gatekeepers , which should be sped up; considers that violations of privacy rights can constitute abusive practices;


### 19. welcomes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare , which should include not only price levels , but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare , prevent deforestation , or provide for living wages; ### 19. welcomes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare , which should include not only price levels , but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare , prevent deforestation , provide for living wages; or aim at addressing and mitigating adverse impacts of companies in line with their due diligence obligation;


### 20. is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices , in particular with regard to achieving sustainability goals; ### 20. stresses that supporting the european green deal is an objective to be pursued by competition policy; is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices , in particular with regard to achieving sustainability goals;


### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid; ### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid , as these companies are competing under unfair conditions with companies established in non-tax havens;


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


### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users and for society as a whole. ### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks , not least cybersecurity risks , and challenges , both for individual users and for society and the economy as a whole.


### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. ### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice and rights.


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


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


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’). these rights include , as the case may be , the right to freedom of expression and information , the right to respect for private and family life , the right to protection of personal data , the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business , including the freedom of contract , of service providers; as well as the right to human dignity , the rights of the child , the right to protection of property , including intellectual property , and the right to non-discrimination.


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


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


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


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination based on any grounds such as sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation.


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


### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the illegal content. ### upon obtaining such knowledge or awareness , acts immediately to remove or to disable access to the illegal content.


### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the illegal content. ### upon obtaining such knowledge or awareness , acts expeditiously and in good faith to remove or to disable access to the illegal content.


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means , for example through online web forms.


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , clearly visible on the hosting service interface , and allow for the submission of notices exclusively by electronic means and in the language of the individual or entity submitting a notice.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. online platforms in particular may also allow for users or trusted flaggers to notify content , including their own , to which others are responding with illegal content at large , such as illegal hate speech. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or restrict and , where appropriate , to disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation.


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


### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission ,41unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. ### (43) to avoid disproportionate burdens , the additional obligations and administrative requirements imposed on online platforms , especially the smaller ones , under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission41 , unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations.


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


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms pose particular risks not least at both economic and political levels , and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. in particular , the accumulation of personal data by online platforms is converted into massive commercial assets often used as a way to give an uneven advantage to certain economic players over others. therefore , very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service. ### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. this data should be provided as disaggregated as possible in order to allow for meaningful conclusions to be drawn from it. for example , it is important that very large online platforms provided gender disaggregated data as much as possible in order for vetted researchers to have the possibility to explore whether and in what way certain online risks are experienced differently between men and women. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service.


### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate. ### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , interoperability of content hosting platforms or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate.


### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate. ### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about interoperability. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate.


### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents. ### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated or incorrect notices , or notices violating recipients’ fundamental rights , through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents.


### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content. ### 1. online platforms shall suspend , for a period of at least 60 days and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content.


### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide manifestly illegal content. ### 1. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the provision of their services to recipients of the service that frequently provide illegal content.


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


### 3. the commission shall encourage the development of the codes of conduct within one year following the date of application of this regulation and their application no later than six months after that date. ### 3. the commission shall encourage the development of the codes of conduct within one year following the date of application of this regulation and their application no later than three months after that date.


### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security or public health. ### 1. the board may recommend the commission to initiate the drawing up , in accordance with paragraphs 2 , 3 and 4 , of crisis protocols for addressing crisis situations strictly limited to extraordinary circumstances affecting public security , the economy , or public health.


### 2. the commission shall encourage and facilitate very large online platforms and , where appropriate , other online platforms , with the involvement of the commission , to participate in the drawing up , testing and application of those crisis protocols , which include one or more of the following measures: ### 2. the commission shall encourage and facilitate very large online platforms and , where appropriate , other online platforms , especially those exercising a dominant position , with the involvement of the commission , to participate in the drawing up , testing and application of those crisis protocols , which include one or more of the following measures:


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


### (4) therefore , in order to safeguard and improve the functioning of the internal market , a targeted set of uniform , effective and proportionate mandatory rules should be established at union level. this regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. the approximation of national regulatory measures at union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty , thus reducing uncertainty for developers and fostering interoperability. by using requirements that are technology neutral , innovation should not be hampered but instead be stimulated. ### (4) therefore , in order to safeguard and improve the functioning of the internal market , a targeted set of uniform , effective , risk-based and proportionate mandatory rules should be established at union level. this regulation provides the right conditions and competitive settings for innovative digital services to emerge and to scaleup in the internal market. the approximation of national regulatory measures at union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty , thus reducing uncertainty for developers , fostering interoperability and assure the possibility for new entries to penetrate the market. by using requirements that are technology neutral , innovation should not be hampered but instead be stimulated.


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


### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. ### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. specific measures should be put in place in making sure that non-eu resident providers respect the current regulations;


### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. ### (7) in order to ensure the effectiveness of the rules laid down in this regulation and a level playing field within the internal market , those rules should apply to providers of intermediary services irrespective of their place of establishment or residence , in so far as they provide services in the union , as evidenced by a substantial connection to the union. specific measures should be put in place to ensure that non-eu resident providers respect the current regulations.


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended ,28 and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation should apply in respect of issues that are not addressed by those other acts and should be without prejudice to the member states’ possibility to adopt and further develop laws , regulations and other measures , which serve a legitimate public interest , in particular to protect the freedom of information and media or to foster the diversity of media or opinion and cultural or linguistic diversity. in particular , in the event of a conflict between directive 2010/13/eu and the present regulation , the provisions of the directive 2010/13/eu should prevail. similarly , legislation that is in accordance with directive 2010/13/eu at national level , aiming at securing and fostering the fulfilment of various objectives underpinning the audiovisual policy of the union and its member states , should also prevail.


### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended28 , and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. ### (9) this regulation should complement , yet not affect the application of rules resulting from other acts of union law regulating certain aspects of the provision of intermediary services , in particular directive 2000/31/ec , with the exception of those changes introduced by this regulation , directive 2010/13/eu of the european parliament and of the council as amended28 , and regulation (eu) …/.. of the european parliament and of the council29 – proposed terrorist content online regulation. therefore , this regulation leaves those other acts , which are to be considered lex specialis in relation to the generally applicable framework set out in this regulation , unaffected. however , the rules of this regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave member states the possibility of adopting certain measures at national level. furthermore , this regulation should respect the competence of member states to adopt and develop new laws that promote freedom , pluralism and correct information of the press , in accordance with the charter of fundamental rights of the european union.


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


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


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


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


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


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


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


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


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


### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein. ### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising that can have both an impact on the equal treatment and opportunities of citizens and on the perpetuation of harmful gender stereotypes and norms. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein.


### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement can contribute to significant risks , ranging from advertisement that is itself illegal content , to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679 , in particular those regarding the right to object , automated individual decision-making , including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein. ### (52) online advertisement plays an important role in the online environment , including in relation to the provision of the services of online platforms. however , online advertisement contributes to significant risks , ranging from advertisement that is itself illegal content , contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online , the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens , to intervening with individual fundamental rights , such as respect for privacy and data protection. in addition to the requirements resulting from article 6 of directive 2000/31/ec , online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. in addition , recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them , providing meaningful explanations of the logic used to that end , including when this is based on profiling. the requirements of this regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of regulation (eu) 2016/679. similarly , it is without prejudice to the provisions laid down in directive 2002/58/ec in particular those regarding the storage of information in terminal equipment and the access to information stored therein.