Article 16

Notice and action mechanisms

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Evaluation Scenarios (5 total)

Paragraph 1

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

Obligations (1)
Hosting service providers must implement mechanisms allowing users to notify about illegal content that are easy to access, user-friendly, and digital/electronic Priority: 90
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Notice mechanism is accessible, electronic, and easy to use
dsa-16-1-notice-mechanism-accessible-v1
Given
  • A hosting service that offers services in the European Union
  • External individuals or entities needing to submit illegal content notices
When
  • Attempting to submit a notice through the provider's designated mechanism
Then
  • The notice form is reachable from the homepage footer or help center within two interactions
  • The mechanism accepts electronic submissions without requiring unsupported formats
  • Submission instructions are written in clear language and available in the provider's supported languages
Platform Types
all
Paragraph 2

The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices. To that end, the providers of hosting services shall take the necessary measures to enable and to facilitate the submission of notices containing all of the following elements:

(a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;
(b) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;
(c) the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
(d) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Obligations (1)
Hosting service providers must facilitate submission of notices containing all required elements Priority: 90
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Notice mechanism supports all required data elements for precise and substantiated notices
dsa-16-2-notice-requirement-support-v1
Given

The notice submission interface defined in paragraph 1

When
  • Reviewing fields and instructions provided within the notice form
Then
  • Form includes mandatory field for explanation/reason why content is illegal (substantiated)
  • Form includes mandatory field for content location (URL or other identifiable signal such as screenshot, account name)
  • Form includes mandatory fields for reporter name and email
  • Form exempts identity fields for CSAM/child exploitation reports (Directive 2011/93/EU Articles 3-7)
  • Form includes mandatory good-faith statement confirming accuracy and completeness of the report
  • Form validations prevent submission without mandatory information unless lawfully exempt
  • Form allows attachments or supporting evidence where necessary
Platform Types
all
Paragraph 3

Notices referred to in this Article shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow a diligent provider of hosting services to identify the illegality of the relevant activity or information without a detailed legal examination.

No obligations: This section only provides definitions and background context
Evaluation Scenarios
No evaluation scenarios defined for this paragraph
Paragraph 4

Where the notice contains the electronic contact information of the individual or entity that submitted it, the provider of hosting services shall, without undue delay, send a confirmation of receipt of the notice to that individual or entity.

Obligations (1)
The hosting provider must quickly send receipt confirmations for notices when contact information is provided Priority: 90
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Notice submitters receive timely confirmation of receipt
dsa-16-4-notice-receipt-confirmation-v1
Given

A notice submitted with valid contact information

When
  • The notice is processed by the provider's intake workflow
Then
  • An acknowledgment is sent automatically to the notifier without undue delay
  • Confirmation includes a reference ID and expected timeline for decision
  • Delivery logs demonstrate successful acknowledgements for sampled notices
Platform Types
all
Paragraph 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 possibilities for redress in respect of that decision.

Obligations (1)
The hosting provider must notify submitters of decisions on their notices with appeal/redress information as soon as decision is made Priority: 90
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Notice submitters are informed of decisions and appeal options
dsa-16-5-decision-notification-v1
Given

A notice has been resolved with a decision regarding the reported content

When
  • Communicating the decision to the notifier
Then
  • The notifier receives a message detailing the outcome and reasons for the decision
  • Information on how to appeal/challenge this decision is included in the notification
  • If automated processing or decision-making was used, this is disclosed in the notification
  • Notification is logged with timestamps and linked to the original notice record
Platform Types
all
Paragraph 6

Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary 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 5.

Obligations (1)
The hosting provider must process notices and make decisions fast, thoroughly, consistently, and based on facts and policies (timely, diligent, non-arbitrary, objective); automation use must be disclosed Priority: 90
1 evaluation scenario
Evaluation Scenarios (1)
1 scenario
Notice handling demonstrates timeliness and objectivity
dsa-16-6-notice-processing-standards-v1
Given

Historical notice handling records and automation configurations

When
  • Auditing a representative set of notice processing outcomes
Then
  • Decisions are issued within the provider's defined service levels and without arbitrary variance
  • Automated tools used in processing are documented and their use is disclosed in decision notifications
  • Quality assurance or spot-check procedures confirm objective and non discriminatory outcomes
Platform Types
all
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