In view of the diversity of the providers concerned and the different types of content they host, the exact elements of the notices and the processes for handling them can vary. Providers of hosting services should be free to design their notice and action mechanisms in such a way as to best take into account their specific characteristics, as long as they comply with the minimum requirements set out in this Regulation. Notices that do not conform with those requirements should not be deemed to give rise to actual knowledge or awareness. However, providers of hosting services should take non-conforming notices into account when determining whether there is knowledge or awareness of illegal content. Providers of hosting services should not be required to engage in legal analyses of the exact nature of the alleged illegal activity when considering a notice received. Such providers should be able to take a decision on the basis of the information provided in the notice and additional information available, in particular where it is obvious that the content is illegal.
Recital 49