European UnionDigital Services Act (DSA), Article 18 (Notification of suspicions of criminal offences)
Regulation (EU) 2022/2065, Article 18
In force since .
A specific illegal content rule binding private bodies.
- Obligation class
- Reporting
As of .
What it requires
- If you provide hosting services and become aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of your suspicion and provide all relevant information available.
- The Member State concerned is the one where the offence is suspected to have taken place, to be taking place or to be likely to take place, where the suspected offender resides or is located, or where the victim resides or is located.
- If you cannot identify the Member State concerned with reasonable certainty, inform the law enforcement authorities of the Member State in which you are established or where your legal representative resides or is established, or inform Europol, or both.
If you get it wrong
Private right of actionYes
Penalty structure
Article 52(3) requires Member States to set the maximum fine for a failure to comply with an obligation in the Regulation at 6 % of the provider's annual worldwide turnover in the preceding financial year, and the maximum fine for supplying incorrect, incomplete or misleading information, failing to reply or rectify, or failing to submit to an inspection at 1 % of annual income or worldwide turnover. Article 52(4) sets the maximum periodic penalty payment at 5 % of average daily worldwide turnover or income per day.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The authorities of the Member State in which the provider's main establishment is located (Article 56(1)) and, for providers of very large online platforms and of very large online search engines, the European Commission (Article 56(3)).
What this law does
Article 18 requires a provider of hosting services that becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place to promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available.
Where the provider cannot identify with reasonable certainty the Member State concerned, it must inform the law enforcement authorities of the Member State in which it is established or where its legal representative resides or is established, or inform Europol, or both.
The Member State concerned is the Member State in which the offence is suspected to have taken place, to be taking place or to be likely to take place, or the Member State where the suspected offender or the victim resides or is located.
When LexLint raises it
When your app profile says your app operates a social platform.