Article 16
Notice and action mechanisms
Evaluation Scenarios (6 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)
Evaluation Scenarios (1)
dsa-16-1-notice-mechanism-accessible-v1
Given
A browser accessing the platform's home page anonymously
When
- We access an arbitrary user-generated content item (e.g. post/video/comment)
- We navigate to locate and access the notice submission mechanism for reporting illegal content
Then
- The notice form is reachable from the content item page within two clicks or navigation steps
- The mechanism accepts electronic submissions without requiring unsupported formats (accepts standard web form input, file uploads)
- Submission instructions are written in clear language and available in the provider's supported languages
Platform Types
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:
Obligations (1)
Evaluation Scenarios (1)
dsa-16-2-notice-requirement-support-v1
Given
A browser accessing the platform's home page anonymously
When
- We navigate to the notice submission form
- We inspect the form fields, validation rules, and submission instructions
Then
- Form includes mandatory field for explanation/reason why content is believed to be illegal.
- 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 allows attachments or supporting evidence where necessary
Platform Types
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.
Obligations (1)
Evaluation Scenarios (1)
dsa-16-3-legal-awareness-policy-v1
Given
Access to the policy knowledge base for the platform
When
We search for the operating procedures related to reporting illegal content
Then
The knowledge base clearly specifies that whenever a report about illegal content has sufficient detail to assess the alleged illegality, then the company becomes legally aware of the illegal content.
Platform Types
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)
Evaluation Scenarios (1)
dsa-16-4-notice-receipt-confirmation-v1
Given
- A browser accessing the platform's home page as a regular user
- Access to email inbox for the logged-in user account
When
- We navigate to the notice submission form
- We submit a notice through the mechanism with our email address provided
- We check the email inbox for a receipt confirmation email
Then
- A confirmation of receipt is sent to the provided email address without undue delay (typically within minutes to hours, at most 24h). Alternatively, a platform may respond directly within an in-platform message, rather than external email.
- The confirmation acknowledges receipt of the notice and may include a reference number or tracking ID
Platform Types
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)
Evaluation Scenarios (1)
dsa-16-5-decision-notification-v1
Given
- Access to content enforcement logs (where decisions regarding content are documented)
- Access to decision notification templates and delivery logs
When
We review the times when a user notification was received, the time when a decision was made and the time when the decision was sent to the user, over a small sample of recent notifications
Then
- Submitters receive notification of the decision on their notice without undue delay after the decision is made (within 24h)
- The notification clearly states the decision (content removed, no action taken, etc.)
- The notification includes information on possibilities for redress (e.g., complaint mechanisms, out-of-court dispute settlement, judicial redress, where to find this information)
Platform Types
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)
Evaluation Scenarios (1)
dsa-16-6-notice-processing-standards-v1
Given
Access to the source code involved in sending notifications when decisions are automated
When
We review the logic for generating user-visible text (typically an email template) informing a user about a decision being performed or processed automatically
Then
The code includes appropriate logic such that when automation is used for processing or decision-making, this is disclosed in the notifications to the submitter