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Decisions to act against illegal content

The conduct of a provider of intermediary services upon receipt of a decision to act against illegal content issued by a competent judicial or administrative authority is laid down in Article 9 of the DSA.

Decisions to act against illegal content must contain the following elements:

  1. a reference to the legal basis for the decision in European Union or national law
  2. an explanation of why the information is illegal content, with reference to one or more specific provisions of Union or national law, in accordance with European Union law
  3. information identifying the issuing authority
  4. clear information enabling the provider of intermediary services to identify and locate the illegal content concerned, such as one or more precise URLs and, where necessary, additional information
  5. information on the redress mechanisms available to the provider of intermediary services and the recipient of the service who provided the content
  6. where appropriate, information on which authority should receive information on the effects of decisions

Upon receipt of a decision to act against one or more specific illegal content issued by the competent national judicial or administrative authorities, providers of intermediary services inform the issuing authority of any effects of the decision.

The issuing authority must forward the decision, together with any information regarding the effect of that decision received from the intermediary service provider, to the Digital Services Coordinator of the member state of the issuing authority.

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