Layer two: Providers of hosting services

Obligations

In addition to the obligations applicable to all providers of intermediary services (layer one), the providers of hosting services must:

• Implement a mechanism that allows third parties to notify the presence of allegedly illegal content. Notices are considered to give rise to actual knowledge in respect of the specific item of information where they allow a diligent provider of hosting services to identify the illegality of the relevant activity or information without a detailed legal examination, but if the provider has actual knowledge, the liability exemption no longer applies;
• Inform the person who filed a notice of the decision taken on the basis of the notice and the available redress mechanisms.
• Provide a statement of reasons to the relevant user if a provider decides to remove information or suspend or terminate the provision of the services (or take any similar decision). This statement of reasons must be as precise and specific as reasonably possible. The DSA lists the minimum content of such a statement, which must include the facts giving rise to the decision, the legal rule or the contractual term that was breached and the available redress mechanisms;
• In addition to the above, also inform the national law enforcement or judicial authorities of any information giving rise to suspicions of serious criminal offences involving a threat to the life or safety of persons.