How to Apply the Notice and Action Requirements under Art. 16(6) sentence 1 DSA — Which action actually?

Abstract Art. 16 DSA and its framework for notice and action mechanisms are one of the DSA’s central due diligence obligations for hosting services, including online-platforms. Such services must put in place user-friendly reporting mechanisms, so reporters can easily notify them about allegedly illegal content. Following proper notification, Art. 16(6) S. 1 DSA obliges providers to make a decision in a “timely, diligent, non-arbitrary and objective manner”. What does that actually mean? This paper addresses these issues involved: First, what is the interplay of Art. 16(6) S. 1 DSA with other, more traditional takedown obligations? Can IP rights holders, based on Art. 16 DSA, initiate a Digital Services Coordinator (DSC) to act against, e.g., copyright violations? Does Art. 16(6) S. 1 DSA harmonize national tort law stay-down obligations? What triggers Art. 16(6)’s imperative: Every “notice” or only specific ones received through dedicated reporting mechanisms? What is the legal standard for “diligent” decisions: Must platforms enforce their Community Standards, or only relevant laws? Speaking of laws: Must platforms consider any Member State’s laws? And might the enforcement of Art. 16(6) S. 1 DSA through Art. 54 DSA advance civil law remedies against hosting providers?

Authors

Publication Details

Journal
Computer Law Review International
Published
2024-12-01
DOI
https://doi.org/10.9785/cri-2024-250604
Citations
2
Primary Topic
Copyright and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.88
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article

How to Apply the Notice and Action Requirements under Art. 16(6) sentence 1 DSA — Which action actually?

Daniel Holznagel
2 citations
Computer Law Review International
Copyright and Intellectual Property
0.88
article

How to Apply the Notice and Action Requirements under Art. 16(6) sentence 1 DSA — Which action actually?

Daniel Holznagel
article en
2 citations

Abstract

Abstract Art. 16 DSA and its framework for notice and action mechanisms are one of the DSA’s central due diligence obligations for hosting services, including online-platforms. Such services must put in place user-friendly reporting mechanisms, so reporters can easily notify them about allegedly illegal content. Following proper notification, Art. 16(6) S. 1 DSA obliges providers to make a decision in a “timely, diligent, non-arbitrary and objective manner”. What does that actually mean? This paper addresses these issues involved: First, what is the interplay of Art. 16(6) S. 1 DSA with other, more traditional takedown obligations? Can IP rights holders, based on Art. 16 DSA, initiate a Digital Services Coordinator (DSC) to act against, e.g., copyright violations? Does Art. 16(6) S. 1 DSA harmonize national tort law stay-down obligations? What triggers Art. 16(6)’s imperative: Every “notice” or only specific ones received through dedicated reporting mechanisms? What is the legal standard for “diligent” decisions: Must platforms enforce their Community Standards, or only relevant laws? Speaking of laws: Must platforms consider any Member State’s laws? And might the enforcement of Art. 16(6) S. 1 DSA through Art. 54 DSA advance civil law remedies against hosting providers?

Computer Law Review InternationalVol. 25(6)
Peace, Justice and strong institutions
Openalex Percentile: Top 18%
Copyright and Intellectual Property
0.88
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