DSA illegal-content notices Article 16 FAQ

Article 16 requires providers of hosting services to offer easy-to-access, user-friendly electronic mechanisms for notices about specific items of information that a person or entity considers illegal content.

Illegal content means information that is itself unlawful or is unlawful because it relates to an illegal activity, including the sale of products or provision of services that do not comply with EU law or Member State law consistent with EU law. A report alleging only that content violates platform terms is not an Article 16 illegal-content notice unless it also alleges illegality.

A notice gives rise to actual knowledge or awareness for the specific item only when it is precise and substantiated enough for a diligent hosting provider to identify the illegality without a detailed legal examination. That rule does not turn the notice mechanism into a general monitoring duty.

If the notice contains the notifier's electronic contact information, the hosting service must confirm receipt without undue delay and later notify the notifier of the decision on the reported information, including available redress routes.

If automated means are used for processing or decision-making, that use must be disclosed in the decision notification. If the provider restricts content because it is illegal or incompatible with terms, Article 17 may also require a clear and specific statement of reasons to the affected recipient. An Article 9 authority order to act against illegal content follows a separate DSA route and should not be processed as an ordinary Article 16 notice.

Article 17 delivery applies only when the provider knows the affected recipient's relevant electronic contact details, and the explanation is due at the latest when the restriction is imposed. Deceptive high-volume commercial content and Article 9 authority orders are excluded from Article 17. Keep that assessment separate from the Article 16 decision message sent to the notifier.

A trusted flagger notice is still submitted through the Article 16 mechanism, but Article 22 requires online platforms to give priority to notices from trusted flaggers acting within their designated area of expertise and to process and decide them without undue delay.

Trusted flagger status does not transfer the moderation decision to the flagger. The Commission explains that trusted flaggers notify platforms of content they consider illegal, while providers remain responsible for deciding on notices and removing content where justified.

Check provider-size treatment before applying the additional platform workflows. The Article 19 micro or small enterprise exclusion can remove Article 20 internal complaints, Article 22 trusted-flagger priority and Article 24(5) database submission, subject to its 12-month post-loss and designated-VLOP rules. It does not remove the hosting service's Article 16 notice mechanism or Article 17 duties.