Recital 20

DSA Recital 20

In order to enhance legal certainty, encourage the development of such hosting services, and foster their positive role in combating illegal content online, it is necessary to clarify that this Regulation does not lead to the provider of hosting services losing the benefit of the exemption from liability when it takes actions in good faith that are intended to contribute to tackling illegal content. The actions undertaken should be strictly targeted and proportionate, should be justified on the basis of a specific ground giving rise to the belief that the content is illegal, and such a measure should be taken with due regard to the right of freedom of expression and of information and to the rules concerning the protection of personal data. In particular, voluntary own-initiative investigations into, or other activities aimed at detecting and identifying illegal content, which the hosting service provider undertakes independently and in a diligent manner with a view to identifying and removing or disabling access to such content should not lead to that provider being deemed to have knowledge or awareness for the purposes of the exemption, provided that those activities are limited to what is strictly necessary and do not affect the overall functioning or design of the service.