DSA · CELEX 32022R2065
Article 17
Verbatim text of the current consolidated version · status: in force. Check it on EUR-Lex ↗
DSA, Article 17(1) — Statement of reasons
Providers of hosting services shall provide a clear and specific statement of reasons to any affected recipients of the service for any of the following restrictions imposed on the ground that the information provided by the recipient of the service is illegal content or incompatible with their terms and conditions: (a) any restrictions of the visibility of specific items of information provided by the recipient of the service, including removal of content, disabling access to content, or demoting content; (b) suspension, termination or other restriction of monetary payments; (c) suspension or termination of the provision of the service in whole or in part; (d) suspension or termination of the recipient of the service's account.
DSA, Article 17(2) — Statement of reasons
Paragraph 1 shall only apply where the relevant electronic contact details are known to the provider. It shall apply at the latest from the date that the restriction is imposed, regardless of why or how it was imposed. Paragraph 1 shall not apply where the information is deceptive high-volume commercial content.
DSA, Article 17(3) — Statement of reasons
The statement of reasons referred to in paragraph 1 shall at least contain the following information:
DSA, Article 17(3)(a) — Statement of reasons
information on whether the decision entails either the removal of, the disabling of access to, the demotion of or the restriction of the visibility of the information, or the suspension or termination of monetary payments related to that information, or imposes other measures referred to in paragraph 1 with regard to the information, and, where relevant, the territorial scope of the decision and its duration;
DSA, Article 17(3)(b) — Statement of reasons
the facts and circumstances relied on in taking the decision, including, where relevant, information on whether the decision was taken pursuant to a notice submitted in accordance with Article 16 or based on voluntary own-initiative investigations and, where strictly necessary, the identity of the notifier;
DSA, Article 17(3)(c) — Statement of reasons
where applicable, information on the use made of automated means in taking the decision, including information on whether the decision was taken in respect of content detected or identified using automated means;
DSA, Article 17(3)(d) — Statement of reasons
where the decision concerns allegedly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground;
DSA, Article 17(3)(e) — Statement of reasons
where the decision is based on the alleged incompatibility of the information with the terms and conditions of the provider of hosting services, a reference to the contractual ground relied on and explanations as to why the information is considered to be incompatible with that ground;
DSA, Article 17(3)(f) — Statement of reasons
clear and user-friendly information on the possibilities for redress available to the recipient of the service in respect of the decision, in particular, where applicable through internal complaint-handling mechanisms, out-of-court dispute settlement and judicial redress.
DSA, Article 17(4) — Statement of reasons
The information provided by the providers of hosting services in accordance with this Article shall be clear and easily comprehensible and as precise and specific as reasonably possible under the given circumstances. The information shall, in particular, be such as to reasonably allow the recipient of the service concerned to effectively exercise the possibilities for redress referred to in of paragraph 3, point (f).
DSA, Article 17(5) — Statement of reasons
This Article shall not apply to any orders referred to in Article 9.
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