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Chapter III – Due diligence obligations for a transparent and safe online environment (Art. 11-48)

Art. 11 DSA - Points of contact for Member States’ authorities, the Commission and the Board arrow_right_alt

Art. 12 DSA - Points of contact for recipients of the service arrow_right_alt

Art. 13 DSA - Legal representatives arrow_right_alt

Art. 14 DSA - Terms and conditions arrow_right_alt

Art. 15 DSA - Transparency reporting obligations for providers of intermediary services arrow_right_alt

Art. 16 DSA - Notice and action mechanisms arrow_right_alt

Art. 17 DSA - Statement of reasons arrow_right_alt

Art. 18 DSA - Notification of suspicions of criminal offences arrow_right_alt

Art. 19 DSA - Exclusion for micro and small enterprises arrow_right_alt

Art. 20 DSA - Internal complaint-handling system arrow_right_alt

Art. 21 DSA - Out-of-court dispute settlement arrow_right_alt

Art. 22 DSA - Trusted flaggers arrow_right_alt

Art. 23 DSA - Measures and protection against misuse arrow_right_alt

Art. 24 DSA - Transparency reporting obligations for providers of online platforms arrow_right_alt

Art. 25 DSA - Online interface design and organisation arrow_right_alt

Art. 26 DSA - Advertising on online platforms arrow_right_alt

  1. Providers of online platforms that present advertisements on their online interfaces shall ensure that, for each specific advertisement presented to each individual recipient, the recipients of the service are able to identify, in a clear, concise and unambiguous manner and in real time, the following:
    1. that the information is an advertisement, including through prominent markings, which might follow standards pursuant to Article 44;
    2. the natural or legal person on whose behalf the advertisement is presented;
    3. the natural or legal person who paid for the advertisement if that person is different from the natural or legal person referred to in point (b);
    4. meaningful information directly and easily accessible from the advertisement about the main parameters used to determine the recipient to whom the advertisement is presented and, where applicable, about how to change those parameters.
  2. Providers of online platforms shall provide recipients of the service with a functionality to declare whether the content they provide is or contains commercial communications.

When the recipient of the service submits a declaration pursuant to this paragraph, the provider of online platforms shall ensure that other recipients of the service can identify in a clear and unambiguous manner and in real time, including through prominent markings, which might follow standards pursuant to Article 44, that the content provided by the recipient of the service is or contains commercial communications, as described in that declaration.

  1. Providers of online platforms shall not present advertisements to recipients of the service based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679.
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Recital 68

Online advertising plays an important role in the online environment, including in relation to the provision of online platforms, where the provision of the service is sometimes in whole or in part remunerated directly or indirectly, through advertising revenues. Online advertising can contribute to significant risks, ranging from advertisements that are themselves illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory presentation of advertisements with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, providers of online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is presented. They should ensure that the information is salient, including through standardised visual or audio marks, clearly identifiable and unambiguous for the average recipient of the service, and should be adapted to the nature of the individual service’s online interface. In addition, recipients of the service should have information directly accessible from the online interface where the advertisement is presented, on the main parameters used for determining that a specific advertisement is presented to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling.

Such explanations should include information on the method used for presenting the advertisement, for example whether it is contextual or other type of advertising, and, where applicable, the main profiling criteria used; it should also inform the recipient about any means available for them to change such criteria. The requirements of this Regulation on the provision of information relating to advertising is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling, and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein. Finally, this Regulation complements the application of the Directive 2010/13/EU which imposes measures to enable users to declare audiovisual commercial communications in user-generated videos. It also complements the obligations for traders regarding the disclosure of commercial communications deriving from Directive 2005/29/EC.

Recital 69

When recipients of the service are presented with advertisements based on targeting techniques optimised to match their interests and potentially appeal to their vulnerabilities, this can have particularly serious negative effects. In certain cases, manipulative techniques can negatively impact entire groups and amplify societal harms, for example by contributing to disinformation campaigns or by discriminating against certain groups. Online platforms are particularly sensitive environments for such practices and they present a higher societal risk. Consequently, providers of online platforms should not present advertisements based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679, using special categories of personal data referred to in Article 9(1) of that Regulation, including by using profiling categories based on those special categories. This prohibition is without prejudice to the obligations applicable to providers of online platforms or any other service provider or advertiser involved in the dissemination of the advertisements under Union law on protection of personal data.

Art. 27 DSA - Recommender system transparency arrow_right_alt

Art. 28 DSA - Online protection of minors arrow_right_alt

Art. 29 DSA - Exclusion for micro and small enterprises arrow_right_alt

Art. 30 DSA - Traceability of traders arrow_right_alt

Art. 31 DSA - Compliance by design arrow_right_alt

Art. 32 DSA - Right to information arrow_right_alt

Art. 33 DSA - Very large online platforms and very large online search engines arrow_right_alt

Art. 34 DSA - Risk assessment arrow_right_alt

Art. 35 DSA - Mitigation of risks arrow_right_alt

Art. 36 DSA - Crisis response mechanism arrow_right_alt

Art. 37 DSA - Independent audit arrow_right_alt

Art. 38 DSA - Recommender systems arrow_right_alt

Art. 39 DSA - Additional online advertising transparency arrow_right_alt

Art. 40 DSA - Data access and scrutiny arrow_right_alt

Art. 41 DSA - Compliance function arrow_right_alt

Art. 42 DSA - Transparency reporting obligations arrow_right_alt

Art. 43 DSA - Supervisory fee arrow_right_alt

Art. 44 DSA - Standards arrow_right_alt

Art. 45 DSA - Codes of conduct arrow_right_alt

Art. 46 DSA - Codes of conduct for online advertising arrow_right_alt

Art. 47 DSA - Codes of conduct for accessibility arrow_right_alt

Art. 48 DSA - Crisis protocols arrow_right_alt