DSA: Notice and Action Mechanism
Notice and Action Mechanism [Art 16-17]
Rule: Hosting providers must implement a notice-and-action mechanism allowing anyone to notify them of illegal content, and must provide clear statements of reasons when they act on content.
Notice Mechanism [Art 16]
Hosting providers must establish mechanisms to allow any individual or entity to submit notices about allegedly illegal content.
Notice Requirements [Art 16(2)]
A valid notice must contain:
| Element | Description |
|---|---|
| Explanation | Why the content is allegedly illegal |
| Location | URL or other identifier to locate the content |
| Name and email | Of the person submitting the notice |
| Declaration | Good faith belief that the information is accurate and complete |
Provider Obligations [Art 16(3)]
When a notice is received:
- Acknowledge receipt — Send confirmation without undue delay
- Process diligently — Make decisions in a timely, objective, non-arbitrary manner
- Inform of decision — Notify the submitter of the outcome
- Provide information — Include redress possibilities in the notification
Effect of Notices [Art 16(4)]
A notice containing sufficient information to identify the illegal nature gives the provider actual knowledge for liability purposes.
Statement of Reasons [Art 17]
When a hosting provider takes action against content or an account, it must provide a clear and specific statement of reasons.
When Required [Art 17(1)]
Statement of reasons required when:
- Removing or disabling access to content
- Suspending or terminating service
- Suspending or terminating account
- Suspending monetary payments
Contents of Statement [Art 17(3)]
| Required Element | Description |
|---|---|
| Facts and circumstances | Why the decision was made |
| Legal basis | If illegal content, the legal ground |
| T&C basis | If T&C violation, the clause and reasons |
| Automated detection | Whether automated means were used |
| Redress information | Internal complaint, out-of-court, judicial remedies |
Timing [Art 17(2)]
Statement must be provided at the same time as the restriction is communicated.
Exceptions [Art 17(4)]
Limited exceptions where disclosure would:
- Seriously hamper law enforcement
- Jeopardize public safety
- Cause harm to third parties
Trusted Flaggers [Art 22]
Online platforms must give priority to notices from designated trusted flaggers:
- Designated by Digital Services Coordinators
- Must have expertise in detecting illegal content
- Must represent collective interests
- Notices processed with priority, decided upon promptly
Practical Implementation
For hosting providers:
- Create accessible notice submission form
- Require all mandatory notice elements
- Send acknowledgment receipts
- Establish review process with clear timelines
- Template statement of reasons with all required elements
- Include appeal/redress information in all decisions
Timelines (not specified but implied):
- “Without undue delay” for acknowledgment
- “Timely manner” for decisions
- Balance speed with due diligence