Obligations of online platform providers

The obligations of online platform providers are laid down in Articles 19 to 28 of the Digital Services Act (DSA).

Online platform providers in Slovenia must provide service users with access to an effective internal complaint-handling system that allows them to lodge electronic and free-of-charge complaints against the provider's decision on restrictions because the information provided by the user is considered illegal content or does not adhere to its terms and conditions. After examining the complaint, the online platform provider may overturn its decision, but in any event it must inform the complainant of its decision and of the possibility of out-of-court dispute resolution and any other legal remedies available. Recipients of the service to whom the decisions are addressed may submit the dispute to any appropriately certified out-of-court dispute resolution body.

In addition to the general notification mechanisms that must be provided by all hosting service providers, online platform providers must also provide measures for the preferential treatment of notifications submitted by entities that have trusted flagger status.

Online platform providers must, for a reasonable period of time and after issuing a prior warning, temporarily suspend the provision of their services to service users who frequently provide manifestly illegal content. They must also discontinue processing notices and complaints submitted by individuals who frequently submit manifestly unfounded notices or complaints.

Online platform providers are also subject to an extended transparency reporting obligation and an obligation to publish data on the number of their users. In addition, these providers must report on cases of content moderation on an ongoing basis to the European Commission's publicly accessible database. Providers can pre-register for access to the database at this link.

Other obligations imposed on online platform providers by the DSA relate to the design and organisation of online interfaces (prohibition of deception and manipulation), transparency of the recommendation system (determination of the parameters used and recipient options), advertising on online platforms and protection of minors online. Compliance with most of the requirements in the latter two areas above is supervised by the Information Commissioner for providers established in Slovenia.

The additional obligations that apply to online platform providers do not apply to those online platforms that are micro or small enterprises as defined in Recommendation 2003/361/EC.

Online platform providers must also comply with all obligations laid down for all providers of intermediary services and for hosting service providers.