GermanyDigitale-Dienste-Gesetz (Digital Services Act Implementation Act), Video-Sharing Platform Providers, Sections 6(3), 6(4), 10 and 11
DDG § 6 Abs. 3 und 4, §§ 10, 11
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Contract terms, Reporting
As of .
What it requires
- If you operate a video-sharing platform, provide users who upload user-generated videos with a function to declare whether a video contains audiovisual commercial communication (section 6(3)).
- Label as such audiovisual commercial communication that users have uploaded on your video-sharing platform once you know of it, through a user's declaration or otherwise (section 6(4)).
- Agree effectively with your users that they may not distribute on the platform audiovisual commercial communication that breaches section 20 of the Tabakerzeugnisgesetz or section 10 of the Heilmittelwerbegesetz (section 11).
- Give the authority competent under Land law, on request, information on the criteria in section 2(2) to (7) of the Act, so far as it needs them for its tasks under section 9 (section 10(1)).
If you get it wrong
Penalty structure
Section 33(2) number 2 and (6) number 3: up to 50,000 euros for failing to give the information that section 10(1) requires.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 50,000
What this law does
Section 1(4) number 8 defines video-sharing platform services as digital services whose main purpose or an essential function is to make programs or user-generated videos, for which the provider bears no editorial responsibility, available to the general public, with the provider determining their organization, including by automatic means.
Section 6(3) requires video-sharing platform providers to provide a function with which users who upload user-generated videos can declare whether those videos contain audiovisual commercial communication. Section 6(4) requires them to label as such audiovisual commercial communication that users have uploaded, where they know of it through that declaration or otherwise.
Section 10(1) requires providers of audiovisual media services and video-sharing platform providers to give the authority competent under Land law, on request, information on the criteria in section 2(2) to (7), so far as necessary for that authority's tasks under section 9. Section 11(1) requires video-sharing platform providers to agree effectively with their users that the users may not distribute unlawful audiovisual commercial communication on the platform.
Section 11(2) defines that as audiovisual commercial communication that breaches section 20 of the Tabakerzeugnisgesetz or section 10 of the Heilmittelwerbegesetz. Section 33(2) number 2 makes it an administrative offence, intentionally or negligently, to fail to give the information, or to give it incorrectly, incompletely or late, that section 10(1) requires. Section 33(6) number 3 sets a maximum fine of 50,000 euros for that offence.
When LexLint raises it
When your app profile says your app operates a social platform.