Chapter IIIDUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT

Section 1 – Provisions applicable to all providers of intermediary services

• Article 11Points of contact for Member States’ authorities, the Commission and the Board

  1. Providers of intermediary services shall designate a single point of contact to enable them to communicate directly, by electronic means, with Member States’ authorities, the Commission and…

• Article 12Points of contact for recipients of the service

  1. Providers of intermediary services shall designate a single point of contact to enable recipients of the service to communicate directly and rapidly with them, by electronic means…

• Article 13Legal representatives

  1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or…

• Article 14Terms and conditions

  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…

• Article 15Transparency reporting obligations for providers of intermediary services

  1. Providers of intermediary services shall make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year, clear, easily comprehensible reports…

Section 2 – Additional provisions applicable to providers of hosting services, including online platforms

• Article 16Notice and action mechanisms

  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…

• Article 17Statement of reasons

  1. Providers of hosting services shall provide a clear and specific statement of reasons to any affected recipients of the service for any of the following restrictions imposed…

• Article 18Notification of suspicions of criminal offences

  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…

Section 3 – Additional provisions applicable to providers of online platforms

• Article 19Exclusion for micro and small enterprises

  1. This Section, with the exception of Article 24(3) thereof, shall not apply to providers of online platforms that qualify as micro or small enterprises as defined in…

• Article 20Internal complaint-handling system

  1. Providers of online platforms shall provide recipients of the service, including individuals or entities that have submitted a notice, for a period of at least six months…

• Article 21Out-of-court dispute settlement

  1. Recipients of the service, including individuals or entities that have submitted notices, addressed by the decisions referred to in Article 20(1) shall be entitled to select any…

• Article 22Trusted flaggers

  1. Providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise,…

• Article 23Measures and protection against misuse

  1. Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of…

• Article 24Transparency reporting obligations for providers of online platforms

  1. In addition to the information referred to in Article 15 , providers of online platforms shall include in the reports referred to in that Article information on…

• Article 25Online interface design and organisation

  1. Providers of online platforms shall not design, organise or operate their online interfaces in a way that deceives or manipulates the recipients of their service or in…

• Article 26Advertising on online platforms

  1. Providers of online platforms that present advertisements on their online interfaces shall ensure that, for each specific advertisement presented to each individual recipient, the recipients of the…

• Article 27Recommender system transparency

  1. Providers of online platforms that use recommender systems shall set out in their terms and conditions, in plain and intelligible language, the main parameters used in their…

• Article 28Online protection of minors

  1. Providers of online platforms accessible to minors shall put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors,…

Section 4 – Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders

• Article 29Exclusion for micro and small enterprises

  1. This Section shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that qualify as micro or small enterprises as defined…

• Article 30Traceability of traders

  1. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that traders can only use those online platforms to promote messages on or…

• Article 31Compliance by design

  1. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that its online interface is designed and organised in a way that enables…

• Article 32Right to information

  1. Where a provider of an online platform allowing consumers to conclude distance contracts with traders becomes aware, irrespective of the means used, that an illegal product or…

Section 5 – Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks

• Article 33Very large online platforms and very large online search engines

  1. This Section shall apply to online platforms and online search engines which have a number of average monthly active recipients of the service in the Union equal…

• Article 34Risk assessment

  1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from…

• Article 35Mitigation of risks

  1. Providers of very large online platforms and of very large online search engines shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific…

• Article 36Crisis response mechanism

  1. Where a crisis occurs, the Commission, acting upon a recommendation of the Board may adopt a decision, requiring one or more providers of very large online platforms…

• Article 37Independent audit

  1. Providers of very large online platforms and of very large online search engines shall be subject, at their own expense and at least once a year, to…

• Article 38Recommender systems

  In addition to the requirements set out in Article 27 , providers of very large online platforms and of very large online search engines that use recommender systems…

• Article 39Additional online advertising transparency

  1. Providers of very large online platforms or of very large online search engines that present advertisements on their online interfaces shall compile and make publicly available in…

• Article 40Data access and scrutiny

  1. Providers of very large online platforms or of very large online search engines shall provide the Digital Services Coordinator of establishment or the Commission, at their reasoned…

• Article 41Compliance function

  1. Providers of very large online platforms or of very large online search engines shall establish a compliance function, which is independent from their operational functions and composed…

• Article 42Transparency reporting obligations

  1. Providers of very large online platforms or of very large online search engines shall publish the reports referred to in Article 15 at the latest by two…

• Article 43Supervisory fee

  1. The Commission shall charge providers of very large online platforms and of very large online search engines an annual supervisory fee upon their designation pursuant to Article…

Section 6 – Other provisions concerning due diligence obligations

• Article 44Standards

  1. The Commission shall consult the Board, and shall support and promote the development and implementation of voluntary standards set by relevant European and international standardisation bodies, at…

• Article 45Codes of conduct

  1. The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of…

• Article 46Codes of conduct for online advertising

  1. The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level by providers of online platforms and other relevant service providers,…

• Article 47Codes of conduct for accessibility

  1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level with the involvement of providers of online platforms and other relevant…

• Article 48Crisis protocols

  1. The Board may recommend that the Commission initiate the drawing up, in accordance with paragraphs 2 , 3 and 4 , of voluntary crisis protocols for addressing…