Information society services and especially intermediary services have become an important part of the Union's economy and the daily life of Union citizens. Twenty years after the adoption of the exis...

Member States are increasingly introducing national measures governing the activities of providers of intermediary services, for example through laws governing the removal of, or disabling of access t...

Increasingly, concerns have also been raised by competent national authorities, civil society organisations, affected parties and the Union institutions in relation to certain categories of illegal co...

In view of this, there is a need to upgrade the legal framework for intermediary services to foster innovation, economic growth and competitiveness and to ensure a safer, more trustworthy and transpar...

This Regulation aims to contribute to the proper functioning of the internal market for intermediary services by setting out a legal framework for conditionally exempting providers of intermediary ser...

Given the objective of addressing the societal concerns and risks that have arisen, due to information society services, for the safety of recipients of those services in the Union and as regard the e...

This Regulation should apply to information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council. The definition of 'information society service' in th...

Intermediary services comprise a broad range of economic activities which take place online. This Regulation should apply, in particular, to services which enable individual users to place orders, to ...

This Regulation does not apply to services which do not correspond to that definition. In particular, it does not apply to services which do not constitute information society services or which are no...

For an intermediary service to fall within the scope of this Regulation, it should, as a rule, be provided at a distance and by electronic means. This is the case when a service is provided without th...

The provisions of this Regulation concerning the exemptions from liability for providers of intermediary services and the exclusion of general monitoring obligations should not affect the possibility,...

Where the activities relating to the information society service are carried out by a natural or legal person acting under the authority or control of the provider of the service, for example as an em...

It is appropriate to take into account the existing regulatory framework, including Regulation (EU) 2016/679 of the European Parliament and of the Council, Directive 2002/58/EC of the European Parliam...

The concept of 'recipient of the service' should cover any natural or legal person who uses an intermediary service, in particular for the purposes of seeking information or making it accessible.

The concept of 'consumer' under this Regulation should be interpreted consistently with Directive 2011/83/EU of the European Parliament and of the Council and with the corresponding case law.

The exemptions from liability established in this Regulation should be understood to cover only liability for the information provided by the recipients of the service in respect of which the exemptio...

The exemption of the hosting service provider from liability established in this Regulation should not apply to the liability for its own actions and its own information, which it provides under its o...

In order to benefit from the exemption from liability for hosting services set out in this Regulation, the provider of the service should, upon obtaining knowledge or awareness of illegal information,...

The exemption for hosting service providers should apply in relation to information stored at the request of a recipient of the service. In situations in which the provider has not played an active ro...

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 Regula...

This Regulation should not affect the substantive law concerning the legality of content, nor the possibilities for Member States to restrict certain types of content in conformity with Union law. Nor...

This Regulation, and in particular the duties of care and obligations that it imposes on providers of intermediary services, should be applied in a manner which respects the applicable substantive law...

In the application of this Regulation, it is necessary to take into account in particular the rights and legitimate interests of recipients of the services concerned, and of providers of intermediary ...

One of the core principles of this Regulation is that what is illegal offline should also be treated as illegal online. Therefore, while it is necessary to foster the availability of innovative digita...

Where a provider of intermediary services that is established in a third country has a substantial connection with the Union because it offers services to a significant number of recipients of the ser...

The legal or natural person designated by a provider of intermediary services as its legal representative should be mandated to act on behalf of, and be contacted in addition to or instead of, the ser...

Given the borderless nature of the internet and the resulting difficulties in identifying which Member State's law applies to the various elements of a digital service, it is necessary to clarify whic...

Where a provider of intermediary services is established in several Member States, including by way of a subsidiary or a branch, it should have one Digital Services Coordinator of establishment with a...

In light of the public interest objective of facilitating the identification and localisation of providers of intermediary services when necessary, it is important that providers of intermediary servi...

In order to ensure adequate transparency of restrictions and to promote the consistent, diligent and objective application of any policies applied by providers of intermediary services, such providers...

Information provided by providers of intermediary services in accordance with this Regulation should be provided in clear, unambiguous, user-friendly and easily accessible terms, taking into account t...

In view of the key role that transparency plays in the framework provided for by this Regulation, it is important to lay down specific requirements regarding transparency reporting. Providers of inter...

Transparency reports submitted by providers of intermediary services should include information on the resources dedicated to content moderation, the functioning and use of automated means for the pur...

It is crucial to ensure that recipients of the service can communicate effectively with providers of intermediary services, including in cases of complaints or requests for information. For this purpo...

This Regulation respects all fundamental rights and observes the freedoms and principles recognised by the Charter of Fundamental Rights of the European Union, notably the freedom to conduct a busines...

In this respect, this Regulation seeks to ensure a high level of consumer protection through specific obligations on providers of online platforms, and the protection of minors from illegal content an...

The conditions for the liability exemption of providers of mere conduit services should cover situations in which such providers play a passive role as a 'mere conduit' of information provided by thir...

The conditions for the liability exemption of 'caching' service providers should cover situations in which such providers perform automatic, intermediate and temporary storage of information, for the ...

The conditions for the liability exemption of hosting service providers should be understood to cover situations in which the provider stores information at the request of a recipient of the service a...

In order to strengthen legal certainty regarding the possibility to use automated means for purposes of content moderation, clarity should be provided as to the conditions under which exemptions from ...

The exemptions from liability established in this Regulation should not affect the right to seek injunctive relief, nor should they lead to the elimination of any existing right to request other types...

Providers of intermediary services are not subject to a monitoring obligation with regard to the information which they transmit or store, nor to a general obligation actively to seek facts or circums...

This Regulation does not oblige providers of intermediary services to check the identity of their users. However, providers of hosting services should, when they receive a notice through the mechanism...

In order to strike the right balance in responding to notices of illegal content submitted by affected parties, other interested parties or by authorities, it is important to distinguish between what ...

Different types of illegal content are subject to specific Union or national rules on illegality, the precise interpretation and application of which may be subject to further specification and develo...

Given the public policy objectives underlying the prohibition of offering for sale or otherwise making available online of non-compliant products in the internal market, serious concerns can arise whe...

In view of the health and safety concerns linked to non-compliant products, providers of online platforms allowing consumers to conclude distance contracts with traders should treat as illegal, inform...

It should be possible for any individual or entity to notify to providers of hosting services the presence on their services of specific items of information that the individual or entity considers to...

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 s...

Providers of hosting services play a particularly important role in fighting illegal content online, by ensuring that illegal content notified to them is effectively and expeditiously removed or disab...

Having regard to the need to take due account of the fundamental rights guaranteed under the Charter of all parties concerned, any action taken by a provider of hosting services pursuant to receiving ...

The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and non-arbitrary processing of notices on the basis of rules that are uni...

The notice and action mechanisms should allow for the submission of notices which are sufficiently precise and adequately substantiated to enable the provider of hosting services concerned to take an ...

Where a provider of hosting services decides, on the ground that the information provided by the recipients is illegal content or is incompatible with its terms and conditions, to remove or disable ac...

Restriction of visibility may consist in demotion in ranking or in recommender systems, as well as in limiting accessibility by one or more recipients of the service or blocking the user from an onlin...

A provider of hosting services may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a...

To avoid disproportionate burdens, the additional obligations imposed under this Regulation on providers of online platforms, including platforms allowing consumers to conclude distance contracts with...

Recipients of the service should be able to easily and effectively contest certain decisions of providers of online platforms concerning the illegality of content or its incompatibility with the terms...

In addition, provision should be made for the possibility of engaging, in good faith, in the out-of-court dispute settlement of such disputes, including those that could not be resolved in a satisfact...

For contractual consumer-to-business disputes regarding the purchase of goods or services, Directive 2013/11/EU ensures that Union consumers and businesses in the Union have access to quality-certifie...

Action against illegal content can be taken more quickly and reliably where providers of online platforms take the necessary measures to ensure that notices submitted by trusted flaggers, acting withi...

Trusted flaggers should publish easily comprehensible and detailed reports on notices submitted in accordance with this Regulation. Those reports should indicate information such as the number of noti...

The misuse of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively,...

Under certain conditions, providers of online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the fre...

In view of the particular responsibilities and obligations of providers of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transpare...

In order to ensure transparency and to enable scrutiny over the content moderation decisions of the providers of online platforms and monitoring the spread of illegal content online, the Commission sh...

Dark patterns on online interfaces of online platforms are practices that materially distort or impair, either on purpose or in effect, the ability of recipients of the service to make autonomous and ...

Online advertising plays an important role in the online environment, including in relation to the provision of online platforms, where the provision of the service is sometimes in whole or in part re...

When recipients of the service are presented with advertisements based on targeting techniques optimised to match their interests and potentially appeal to their vulnerabilities, this can have particu...

A core part of the online platform's business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipient...

The protection of minors is an important policy objective of the Union. An online platform can be considered to be accessible to minors when its terms and conditions permit minors to use the service, ...

In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property r...

To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, providers of online platforms allowing consumers to conclude distance contracts with ...

Providers of online platforms allowing consumers to conclude distance contracts with traders should design and organise their online interface in a way that enables traders to comply with their obliga...

Given the importance of very large online platforms, due to their reach, in particular as expressed in the number of recipients of the service, in facilitating public debate, economic transactions and...

Very large online platforms and very large online search engines may cause societal risks, different in scope and impact from those caused by smaller platforms. Providers of such very large online pla...

In order to determine the reach of a given online platform or online search engine, it is necessary to establish the average number of active recipients of each service individually. Accordingly, the ...

The concept of online search engine should cover only those services whose primary function is to index, crawl and retrieve information on the internet in response to a user query, regardless of the t...

Providers of very large online platforms and very large online search engines should conduct and document risk assessments on the systemic risks stemming from the functioning and use made of their ser...

Providers of very large online platforms and very large online search engines should put in place, implement and enforce system-wide policies and procedures to mitigate the systemic risks identified b...

Providers of very large online platforms and very large online search engines should inform the Commission and the Digital Services Coordinators of the Member States of the systemic risks they have id...

Providers of very large online platforms and very large online search engines should take the necessary measures to ensure that researchers have access to the data, including access to publicly access...

Providers of very large online platforms and very large online search engines should ensure that recipients of the service have a right to know the operational details of the algorithms used by the pr...

Providers of very large online platforms and very large online search engines should be able to be required by the Commission, the European Board for Digital Services or the Digital Services Coordinat...

Providers of very large online platforms and very large online search engines should be subject to independent auditing of their compliance with the obligations laid down in this Regulation, as regard...

Providers of very large online platforms and of very large online search engines should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessments, in obse...

Providers of very large online platforms and of very large online search engines should consider under such mitigating measures, for example, adapting any necessary design, feature or functioning of t...

Providers of very large online platforms and of very large online search engines should also be diligent in the measures they take to test and, where necessary, adapt their algorithmic systems, not le...

Providers of very large online platforms and of very large online search engines should take into account the best interests of minors in taking measures such as adapting the design of their service a...

Providers of very large online platforms and of very large online search engines should ensure that their approach to risk assessment and mitigation is based on the best available information and scie...

In times of crisis, there might be a need for certain specific measures to be taken urgently by providers of very large online platforms, in addition to measures they would be taking in view of their ...

Given the need to ensure verification by independent experts, providers of very large online platforms and of very large online search engines should be accountable, through independent auditing, for ...

The audit report should be substantiated, in order to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improveme...

The obligations on assessment and mitigation of risks should trigger, on a case-by-case basis, the need for providers of very large online platforms and of very large online search engines to assess a...

Advertising systems used by very large online platforms and very large online search engines pose particular risks and require further public and regulatory supervision on account of their scale and a...

In order to appropriately monitor and assess the compliance of very large online platforms and of very large online search engines with the obligations laid down by this Regulation, the Digital Servic...

This Regulation therefore provides a framework for compelling access to data from very large online platforms and very large online search engines to vetted researchers affiliated to a research organi...

In addition, where data is publicly accessible, such providers should not prevent researchers meeting an appropriate subset of criteria from using this data for research purposes that contribute to th...

Given the complexity of the functioning of the systems deployed and the systemic risks they present to society, providers of very large online platforms and of very large online search engines should ...

In view of the additional risks relating to their activities and their additional obligations under this Regulation, additional transparency requirements should apply specifically to very large online...

The Commission should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the performance of its tasks under this Regulation. In order to ensure ...

To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary standards...

The Commission and the Board should encourage the drawing-up of voluntary codes of conduct, as well as the implementation of the provisions of those codes in order to contribute to the application of ...

It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be...

The codes of conduct should facilitate the accessibility of very large online platforms and very large online search engines, in compliance with Union and national law, in order to facilitate their fo...

The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of unders...

The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertisements with advertisers. Codes of conduct should support and c...

In addition to the crisis response mechanism for very large online platforms and very large online search engines, the Commission may initiate the drawing up of voluntary crisis protocols to coordinat...

In order to ensure adequate oversight and enforcement of the obligations laid down in this Regulation, Member States should designate at least one authority with the task to supervise the application ...

Given the cross-border nature of the services at stake and the horizontal range of obligations introduced by this Regulation, one authority appointed with the task of supervising the application and, ...

The Digital Services Coordinator, as well as other competent authorities designated under this Regulation, play a crucial role in ensuring the effectiveness of the rights and obligations laid down in ...

The competent authorities designated under this Regulation should also act in complete independence from private and public bodies, without the obligation or possibility to seek or receive instruction...

Member States can designate an existing national authority with the function of the Digital Services Coordinator, or with specific tasks to supervise the application and enforce this Regulation, provi...

Member States should provide the Digital Services Coordinator, and any other competent authority designated under this Regulation, with sufficient powers and means to ensure effective investigation an...

Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investiga...

In the course of the exercise of those powers, the competent authorities should comply with the applicable national rules regarding procedures and matters such as the need for a prior judicial authori...

Member States should ensure that violations of the obligations laid down in this Regulation can be sanctioned in a manner that is effective, proportionate and dissuasive, taking into account the natur...

In order to ensure effective enforcement of the obligations laid down in this Regulation, individuals or representative organisations should be able to lodge any complaint related to compliance with t...

Member States should ensure that Digital Services Coordinators can take measures that are effective in addressing and proportionate to certain particularly serious and persistent infringements of this...

Such an order to restrict access should not go beyond what is necessary to achieve its objective. For that purpose, it should be temporary and be addressed in principle to a provider of intermediary s...

Without prejudice to the provisions on the exemption from liability provided for in this Regulation as regards the information transmitted or stored at the request of a recipient of the service, a pro...

The Digital Services Coordinator should regularly publish, for example on its website, a report on the activities carried out under this Regulation. In particular, the report should be published in a ...

In the interest of clarity, simplicity and effectiveness, the powers to supervise and enforce the obligations under this Regulation should be conferred to the competent authorities in the Member State...

In view of their potential impact and the challenges involved in effectively supervising them, special rules are needed regarding the supervision and enforcement in respect of providers of very large ...

The powers of supervision and enforcement of due diligence obligations, other than the additional obligations to manage systemic risks imposed on providers of very large online platforms and of very l...

The rules of this Regulation on the allocation of competence should be without prejudice to the provisions of Union law and national rules on private international law concerning jurisdiction and appl...

Given the cross-border and cross-sectoral relevance of intermediary services, a high level of cooperation is necessary to ensure the consistent application of this Regulation and the availability of r...

The Digital Services Coordinator of destination, in particular on the basis of complaints received or of the input of other national competent authorities where appropriate, or the Board in case of is...

The Board should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or of a failure to adopt any measures in accordance w...

In order to facilitate cross-border supervision and investigations of obligations laid down in this Regulation involving several Member States, the Digital Services Coordinators of establishment shoul...

In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level, a European Board for Digital Services, which should support the ...

The Board should contribute to achieving a common Union perspective on the consistent application of this Regulation and to the cooperation among competent authorities, including by advising the Commi...

For that purpose, the Board should be able to adopt opinions, requests and recommendations addressed to Digital Services Coordinators or other competent national authorities. While not legally binding...

The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an a...

The Commission, through the Chair, should participate in the Board without voting rights. Through the Chair, the Commission should ensure that the agenda of the meetings is set in accordance with the ...

In view of the need to ensure support for the Board’s activities, the Board should be able to rely on the expertise and human resources of the Commission and of the competent national authorities. The...

Given the importance of very large online platforms or very large online search engines, in view of their reach and impact, their failure to comply with the specific obligations applicable to them may...

The Commission should be able to investigate infringements on its own initiative in accordance with the powers provided for in this Regulation, including by asking access to data, by requesting inform...

In order to effectively perform its tasks, the Commission should maintain a margin of discretion as to the decision to initiate proceedings against providers of very large online platforms or of very ...

In view of both the particular challenges that may arise in seeking to ensure compliance by providers of very large online platforms or of very large online search engines and the importance of doing ...

The Commission should be able to request information necessary for the purpose of ensuring the effective implementation of and compliance with the obligations laid down in this Regulation, throughout ...

Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to the risk of serious damage for the recipients of the s...

The Commission should be able to take the necessary actions to monitor the effective implementation of and compliance with the obligations laid down in this Regulation. Such actions should include the...

Compliance with the relevant obligations imposed under this Regulation should be enforceable by means of fines and periodic penalty payments. To that end, appropriate levels of fines and periodic pena...

Given the potential significant societal effects of an infringement of the additional obligations to manage systemic risks that solely apply to very large online platforms and very large online search...

The provider of the very large online platform or of the very large online search engine concerned and other persons subject to the exercise of the Commission’s powers whose interests may be affected ...

In order to safeguard the harmonised application and enforcement of this Regulation, it is important to ensure that national authorities, including national courts, have all necessary information to e...

The effective enforcement and monitoring of this Regulation requires a seamless and real-time exchange of information among the Digital Services Coordinators, the Board and the Commission, based on th...

Without prejudice to the rights of recipients of services to turn to a representative in accordance with the Directive (EU) 2020/1828 of the European Parliament and of the Council (33) or to any other...

In the interest of effectiveness and efficiency, the Commission should carry out a general evaluation of this Regulation. In particular, that general evaluation should address, inter alia, the scope o...

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down templates concerning the form, content and other ...

In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation, in respect of cri...

This Regulation respects the fundamental rights recognised by the Charter and the fundamental rights constituting general principles of Union law. Accordingly, this Regulation should be interpreted an...

Given the scope and impact of societal risks that may be caused by very large online platforms and very large online search engines, the need to address those risks as a matter of priority and the cap...

Since the objectives of this Regulation, namely to contribute to the proper functioning of the internal market and to ensure a safe, predictable and trusted online environment in which the fundamental...

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 10 Februar...