### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result. ### (53) given the importance of very large online platforms , due to their reach , in particular as expressed in number of recipients of the service , in facilitating public debate , economic transactions and the dissemination of information , opinions and ideas and in influencing how recipients obtain and communicate information online , it is necessary to impose specific obligations on those platforms , in addition to the obligations applicable to all online platforms , that will take into account and ensure respect of fundamental rights for all users. those additional obligations on very large online platforms are necessary to address those public policy concerns , there being no alternative and less restrictive measures that would effectively achieve the same result.


### (55) in view of the network effects characterising the platform economy , the user base of an online platform may quickly expand and reach the dimension of a very large online platform , with the related impact on the internal market. this may be the case in the event of exponential growth experienced in short periods of time , or by a large global presence and turnover allowing the online platform to fully exploit network effects and economies of scale and of scope. a high annual turnover or market capitalisation can in particular be an indication of fast scalability in terms of user reach. in those cases , the digital services coordinator should be able to request more frequent reporting from the platform on the user base to be able to timely identify the moment at which that platform should be designated as a very large online platform for the purposes of this regulation. ### (55) in view of the network effects characterising the platform economy , the user base of an online platform may quickly expand and reach the dimension of a very large online platform , with the related impact on the internal market , economic actors and consumers. this may be the case in the event of exponential growth experienced in short periods of time , or by a large global presence and turnover allowing the online platform to fully exploit network effects and economies of scale and of scope. a high annual turnover or market capitalisation can in particular be an indication of fast scalability in terms of user reach. in those cases , the digital services coordinator should be able to request more frequent reporting from the platform on the user base to be able to timely identify the moment at which that platform should be designated as a very large online platform for the purposes of this regulation.


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


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


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


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


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


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


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


### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , independent experts and civil society organisations. ### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , independent experts , civil society organisations and consumer protection associations.


### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services , independent experts and civil society organisations. ### (59) very large online platforms should , where appropriate , conduct their risk assessments and design their risk mitigation measures with the involvement of representatives of the recipients of the service , representatives of groups potentially impacted by their services such as consumer’s and women’s rights organizations , independent experts and civil society organisations.


### (61) the audit report should be substantiated , so as to give a meaningful account of the activities undertaken and the conclusions reached. it should help inform , and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this regulation. the report should be transmitted to the digital services coordinator of establishment and the board without delay , together with the risk assessment and the mitigation measures , as well as the platform’s plans for addressing the audit’s recommendations. the report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. a positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this regulation or , where applicable , any commitments it has undertaken pursuant to a code of conduct or crisis protocol , in particular by identifying , evaluating and mitigating the systemic risks posed by its system and services. a positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. a negative opinion should be given where the auditor considers that the very large online platform does not comply with this regulation or the commitments undertaken. ### (61) the audit report should be substantiated , so as to give a meaningful , factual and objective account of the activities undertaken and the conclusions reached. it should help inform , and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this regulation. the report should be transmitted to the digital services coordinator of establishment and the board without delay , together with the risk assessment and the mitigation measures , as well as the platform’s plans for addressing the audit’s recommendations. the report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. a positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this regulation or , where applicable , any commitments it has undertaken pursuant to a code of conduct or crisis protocol , in particular by identifying , evaluating and mitigating the systemic risks posed by its system and services. a positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. a negative opinion should be given where the auditor considers that the very large online platform does not comply with this regulation or the commitments undertaken.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient , giving the latter a choice regarding the purchase of services and products.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including at least one default option that is not based on profiling of the recipient and alternative , third-party recommender systems where technically possible.


### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient. ### (62) a core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. this is done , for example , by algorithmically suggesting , ranking and prioritising information , distinguishing through text or other visual representations , or otherwise curating information provided by recipients. such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. they also play an important role in the amplification of certain messages , the viral dissemination of information and the stimulation of online behaviour. consequently , very large online platforms should ensure that recipients and third parties are appropriately informed , and can influence the information presented to them. they should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. they should also ensure that the recipients enjoy alternative options for the main parameters , including options that are not based on profiling of the recipient.


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


### (71) in case of extraordinary circumstances affecting public security or public health , the commission may initiate the drawing up of crisis protocols to coordinate a rapid , collective and cross-border response in the online environment. extraordinary circumstances may entail any unforeseeable event , such as earthquakes , hurricanes , pandemics and other serious cross-border threats to public health , war and acts of terrorism , where , for example , online platforms may be misused for the rapid spread of illegal content or disinformation or where the need arises for rapid dissemination of reliable information. in light of the important role of very large online platforms in disseminating information in our societies and across borders , such platforms should be encouraged in drawing up and applying specific crisis protocols. such crisis protocols should be activated only for a limited period of time and the measures adopted should also be limited to what is strictly necessary to address the extraordinary circumstance. those measures should be consistent with this regulation , and should not amount to a general obligation for the participating very large online platforms to monitor the information which they transmit or store , nor actively to seek facts or circumstances indicating illegal content. ### (71) in case of extraordinary circumstances affecting public security , the economy of one or more member states , or public health , the commission may initiate the drawing up of crisis protocols to coordinate a rapid , collective and cross-border response in the online environment. extraordinary circumstances may entail any unforeseeable event , such as earthquakes , hurricanes , pandemics and other serious cross-border threats to public health , war and acts of terrorism , where , for example , online platforms may be misused for the rapid spread of illegal content or disinformation or where the need arises for rapid dissemination of reliable information. in light of the important role of very large online platforms in disseminating information in our societies and across borders , such platforms should be encouraged in drawing up and applying specific crisis protocols. such crisis protocols should be activated only for a limited period of time and the measures adopted should also be limited to what is strictly necessary to address the extraordinary circumstance. those measures should be consistent with this regulation , and should not amount to a general obligation for the participating very large online platforms to monitor the information which they transmit or store , nor actively to seek facts or circumstances indicating illegal content.


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


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


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


### 5. this regulation is without prejudice to the rules laid down by the following: ### 5. this regulation shall not affect the rules laid down by the following:


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


### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. ### no general obligation to monitor the information which providers of intermediary services transmit or store , nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers , unless the information society service plays an active role in approving , modifying or editing the information issued by the recipient of the service.


### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without undue delay , specifying the action taken and the moment when the action was taken. ### 1. providers of intermediary services shall , upon the receipt of an order to act against a specific item of illegal content , issued by the relevant national judicial or administrative authorities , on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of the effect given to the orders , without any delay that cannot be properly justified , specifying the action taken and the moment when the action was taken.


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


### — information about redress available to the provider of the service and to the recipient of the service who provided the content; ### — information about redress available to the provider of the service and to the recipient of the service who provided the content , which may be sought in the member state of establishment of the provider of the service and/or in the member state of establishment of the recipient of the service who provided the content;


### 1. providers of intermediary services shall , upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service , issued by the relevant national judicial or administrative authorities on the basis of the applicable union or national law , in conformity with union law , inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. ### 1. providers of intermediary services shall , upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service , issued by the relevant national judicial or administrative authorities on the basis of the applicable union or national law , in conformity with union law , inform the authority issuing the order of its receipt and the effect given to the order and shall do so without any delay that cannot be properly justified.


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


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


### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. that information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. ### 1. providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service , in their terms and conditions. such restrictions shall in no way serve to provide selected economic actors with hidden competitive advantages. the relevant information shall include information on any policies , procedures , measures and tools used for the purpose of content moderation , including algorithmic decision-making and human review. it shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.


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


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


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


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


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


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices referred to in paragraph 2 on the basis of which a diligent economic operator can identify the illegality of the content in question shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned.


### 5. the provider shall also , without undue delay , notify that individual or entity of its decision in respect of the information to which the notice relates , providing information on the redress possibilities in respect of that decision. ### 5. the provider shall also , without any delay that cannot be properly justified , notify that individual or entity of its decision in respect of the information to which the notice relates , providing information on the redress possibilities in respect of that decision.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , within a maximum of 40 days and in a diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4.


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


### decisions to remove or disable access to the information; ### decisions against or in favour of removal or disabling of access to the information;


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


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


### 3. online platforms shall handle complaints submitted through their internal complaint-handling system in a timely , diligent and objective manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay. ### 3. online platforms shall handle complaints submitted through their internal complaint-handling system within a maximum of 60 days and in a diligent and objective manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay.


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall inform complainants without any delay that cannot be properly justified of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities.


### the first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. ### the first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision before a court in accordance with the applicable law. judicial redress against a decision by an out-of-court dispute settlement body shall be directed against the online platform , not the settlement body.


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


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices on manifestly illegal content submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay.


### 2. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded. ### 2. online platforms shall suspend , for a period of at least 60 days and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.


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


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


### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner and in real time: ### online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify , for each specific advertisement displayed to each individual recipient , in a clear and unambiguous manner , without any possibility if deception and in real time:


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


### that the information displayed is an advertisement; ### that the information displayed is an advertisement and whether the advertisement is a result of an automated mechanism , such as an advertising exchange mechanism;


### that the information displayed is an advertisement; ### that the information displayed or parts thereof is an online advertisement;


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


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


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### meaningful , granular and specific information about the parameters used to target and display the advertisement , which allows the consumer to determine why and how the advertisement in question was shown to him or her. this information shall include categories of data that targeted forms of advertising would use to address and categorise consumers and the data platforms share with advertisers for advertising targeting purposes.


### meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed. ### clear meaningful information about the parameters used to determine the recipient to whom the advertisement is displayed.


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


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3 , or if they exercise a dominant position over a specific market sector.


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3 , or with a turnover of over eur 50 million per year.1a


### 4. very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified. ### 4. very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. they shall , within one month from receiving those recommendations , adopt an audit implementation report setting out those measures. where they do not implement the operational recommendations , they shall justify in the audit implementation report the reasons for not doing so and set out alternative measures they may have taken to address any instances of non-compliance identified.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. online platforms that use recommender systems shall set out separately the information concerning the role and functioning of recommender systems , in a clear , accessible and easily comprehensible manner for average users , the main parameters used in their recommender systems , as well as to offer control with the available options for the recipients of the service to modify or influence those parameters that they may have made available , including options which are not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. online platforms shall ensure that the option activated by default for the recipient of the service is not based on profiling within the meaning of article 4(4) of regulation (eu) 2016/679.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. any option based on profiling within the meaning of article 4 (4) of regulation (eu) 2016/679 shall never be the default setting of a recommender system.


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


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. online platforms that use recommender systems shall set out separately the information concerning the role and functioning of recommender systems , in a clear for average users , concise , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as offer controls with the available options for the recipients of the service in a user-friendly manner to modify , customize or influence those parameters that they may have made available at least on basic natural criteria such as time , topics of interest , etc.


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


### 4. in order to be vetted , researchers shall be affiliated with academic institutions , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. ### 4. in order to be vetted , researchers shall be affiliated with academic institutions or civil society organisations representing the public interest , be independent from commercial interests , disclose the funding financing the research , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.


### 4. in order to be vetted , researchers shall be affiliated with academic institutions , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. ### 4. in order to be vetted , researchers shall be affiliated with academic institutions or civil society organisations representing the public interest , be independent from commercial interests , disclose the sources of funding financing their research , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.


### 4. in order to be vetted , researchers shall be affiliated with academic institutions , be independent from commercial interests , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. ### 4. in order to be vetted , researchers shall be affiliated with academic institutions , civil society organisations or think tanks representing the public interest , be independent from commercial interests , disclose the funding financing the research , have proven records of expertise in the fields related to the risks investigated or related research methodologies , and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.


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


### 2. the commission shall aim to ensure that the codes of conduct pursue an effective transmission of information , in full respect for the rights and interests of all parties involved , and a competitive , transparent and fair environment in online advertising , in accordance with union and national law , in particular on competition and the protection of personal data. the commission shall aim to ensure that the codes of conduct address at least: ### 2. the commission shall aim to ensure that the codes of conduct pursue an effective and accurate transmission of information without delay , in full respect for the rights and interests of all parties involved , and a competitive , transparent and fair environment in online advertising , in accordance with union and national law , in particular on fair competition and the protection of personal data. the commission shall aim to ensure that the codes of conduct address at least:


### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned. ### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6% of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 2% of the annual income or turnover of the provider concerned.


### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or turnover of the provider concerned. ### 3. member states shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this regulation shall not exceed 6 % of the annual income or global turnover of the provider of intermediary services concerned. penalties for the supply of incorrect , incomplete or misleading information , failure to reply or rectify incorrect , incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or global turnover of the provider concerned.


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


### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a reasonable time period. ### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a period of two months.


### 2. when sending a simple request for information to the very large online platform concerned or other person referred to in article 52(1) , the commission shall state the legal basis and the purpose of the request , specify what information is required and set the time period within which the information is to be provided , and the penalties provided for in article 59 for supplying incorrect or misleading information. ### 2. when sending a simple request for information to the very large online platform concerned or other person referred to in article 52(1) , the commission shall state the legal basis and the purpose of the request , specify what information is required and set the time period within which the information is to be provided , and the penalties provided for in article 59 for supplying incorrect , false or misleading information.


### 4. the owners of the very large online platform concerned or other person referred to in article 52(1) or their representatives and , in the case of legal persons , companies or firms , or where they have no legal personality , the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in article 52(1). lawyers duly authorised to act may supply the information on behalf of their clients. the latter shall remain fully responsible if the information supplied is incomplete , incorrect or misleading. ### 4. the owners of the very large online platform concerned or other person referred to in article 52(1) or their representatives and , in the case of legal persons , companies or firms , or where they have no legal personality , the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in article 52(1). lawyers duly authorised to act may supply the information on behalf of their clients. the latter shall remain fully responsible if the information supplied is incomplete , incorrect , false or misleading.


### supply incorrect , incomplete or misleading information in response to a request pursuant to article 52 or , when the information is requested by decision , fail to reply to the request within the set time period; ### supply incorrect , incomplete , false or misleading information in response to a request pursuant to article 52 or , when the information is requested by decision , fail to reply to the request within the set time period;


### 1. the commission may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to: ### 1. the commission may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 5 % of the average daily global turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to:


### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , which establish specific rules and procedures that should remain unaffected. ### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , which establish specific rules and procedures that should remain unaffected. this regulation should provide a set of well-defined rules that will ensure legal certainty for platforms and safeguard the fundamental rights of users.


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


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


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