Article 18
Notification of suspicions of criminal offences
Paragraph 1
Where a provider of hosting services becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.
Obligations (1)
Upload the internal escalation policy covering suspected threats to life or safety, including the channel used to notify law enforcement and the role responsible. A redacted sample referral (with PII removed) or a log extract of past referrals strengthens the record.
Evaluation Scenarios
Paragraph 2
Where the provider of hosting services cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or where its legal representative resides or is established or inform Europol, or both.
For the purpose of this Article, the Member State concerned shall be the Member State in which the offence is suspected to have taken place, to be taking place or to be likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.
Obligations (1)
Upload the decision rule the team follows when the relevant Member State cannot be identified with reasonable certainty — including the fallback to the Member State of establishment, the legal representative's Member State, or Europol. Show the policy plus one redacted referral that used the fallback path if available.