EstoniaInfoühiskonna teenuse seadus (Information Society Services Act), Digital Services Act Supervision, Orders and Fines
Infoühiskonna teenuse seadus, RT I 2004, 29, 191, §§ 12 to 14, 15-3 to 15-5 and 16
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- Comply with Articles 9 to 14, 16 to 18, 20 to 23, 25 to 28, 30 to 32 and 34 to 41 of the Digital Services Act, the obligations whose breach Section 15-3 of the Infoühiskonna teenuse seadus makes a misdemeanor.
- Meet the reporting obligations in Articles 15, 24 and 42 of the Digital Services Act, and put only correct, complete and non-misleading information in a report (Section 15-4).
- When the Consumer Protection and Technical Regulatory Authority supervises compliance with the Digital Services Act, give it access to your premises and information, give it correct, complete and non-misleading information, and respond to and correct information it finds incorrect, incomplete or misleading (Section 15-5).
If you get it wrong
Criminal exposureNo
Penalty structure
Section 15-3(2) sets the maximum fine for a legal person at six percent of its worldwide turnover in the preceding financial year, and Sections 15-4(2) and 15-5(2) set it at one percent for reporting failures and obstruction. A natural person is fined up to 300 fine units under Section 15-3(1) and up to one percent of income in the preceding calendar year under Sections 15-4(1) and 15-5(1). Section 14(2) sets the maximum penalty payment for failing to comply with a precept at five percent of average daily worldwide turnover for a legal person or of average daily income for a natural person.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet), the independent digital services coordinator, which Section 12(4) charges with state supervision of the Digital Services Act and which Section 16(2) makes the out-of-court body for the Act's misdemeanors; the competent law enforcement authority applies the special supervision measures under Section 13.
What this law does
Section 12(3) makes the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet, TTJA) the independent digital services coordinator within the meaning of Article 49(2) of the Digital Services Act. Section 12(4) has the Authority exercise state supervision over compliance with the requirements laid down in the Digital Services Act.
Section 12-1 has the Authority take part in cross-border cooperation with the digital services coordinators of the other Member States and the European Commission under Chapter IV of the Digital Services Act. Section 13 lets the competent law enforcement authority apply the special supervision measures in Sections 30, 49, 50, 51 and 52 of the Law Enforcement Act (Korrakaitseseadus) to supervise compliance with the Information Society Services Act.
Section 13-2(1) requires an order from a law enforcement authority to an intermediary service provider to take measures against illegal content to meet the conditions in Article 9(2) of the Digital Services Act. Section 13-2(2) requires an order from a law enforcement authority to an intermediary service provider to supply specific information about a specific recipient of the service to meet the conditions in Article 10(2) of the Digital Services Act.
Under Section 14(2), the maximum penalty payment for failing to comply with a precept (ettekirjutus) arising from the Digital Services Act is five percent of the average daily income in the preceding calendar year for a natural person and five percent of the average daily worldwide turnover in the preceding financial year for a legal person, counted from the date stated in the precept.
Section 15-3 punishes a failure to comply with Articles 9 to 14, 16 to 18, 20 to 23, 25 to 28, 30 to 32 and 34 to 41 of the Digital Services Act with a fine of up to 300 fine units, and a legal person that commits the same act with a fine of up to six percent of its worldwide turnover in the preceding financial year.
Section 15-4 punishes a failure to meet the reporting obligations in Articles 15, 24 and 42 of the Digital Services Act, or the giving of incorrect, incomplete or misleading information in a report, with a fine of up to one percent of a natural person's income in the preceding calendar year or of a legal person's worldwide turnover in the preceding financial year.
Section 15-5 punishes obstructing the supervision of compliance with the Digital Services Act, by denying the Authority access to premises or information or by giving incorrect, incomplete or misleading information, with a fine of up to one percent of a natural person's income in the preceding calendar year or of a legal person's worldwide turnover in the preceding financial year.
Section 16(2) makes the Authority the out-of-court body, within its competence, for the misdemeanors (väärteod) in Sections 15, 15-2 to 15-5, 15-8 and 15-9. The act of that added these provisions repealed Sections 8 to 10 and Section 11(1) and (3) of the Information Society Services Act.
The same act replaced subsection 6 of Section 57-9 of the Autoriõiguse seadus (Copyright Act) so that, where a platform provider communicates an object of rights to the public without authorization, the liability limit in Article 6(1) of the Digital Services Act does not apply to that activity.
When LexLint raises it
When your app profile says your app operates a social platform.