Digital Services Act Article 16: notice and action
Article 16 DSA requires hosting services in the EU to offer an easy mechanism for reporting illegal content.
Elements of a notice
A sufficiently substantiated explanation of illegality; the exact URL; the notifier's name and email (except for certain offences); a good faith statement of accuracy.
Why it matters
A notice with these elements gives the provider actual knowledge; if it does not act expeditiously, it can lose its liability exemption.
Provider duties
Confirm receipt, decide in a timely, diligent, non-arbitrary and objective way, and inform the notifier of the decision and redress. Template: DSA notice.
General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.
Frequently asked questions
Does the DSA apply in the UK?
No; the UK has its own Online Safety Act. The DSA covers services offered in the EU.