INFORMATION TECHNOLOGY
EU Commission: published the Implementing Regulation of the Digital Services Act for the implementation of the reporting and transparency obligations of VLOPs and VLOSEs
The European Commission published the Implementing Regulation – laying down templates concerning the transparency reporting obligations of providers of online platforms. The Implementing Regulation establishes uniform reporting templates and periods for providers of Very Large Online Platforms (VLOPs), Very Large Online Search Engines (VLOSEs), providers of intermediary services, and providers of hosting services under the Digital Services Act (DSA).
Reporting under the DSA.
Article 15(1) of the DSA requires providers of intermediary services to make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year, clear, easily comprehensible reports on any content moderation that they engaged in during the relevant period. Article 15(1) of the DSA also establishes the required contents of such reports, including:
- information about the content moderation engaged in at the providers' own initiative, including the use of automated tools, and measures taken to provide training and assistance to persons in charge of content moderation; and
- for providers of intermediary services, the number of complaints received through the internal complaint handling systems, and for providers of online platforms, the basis of those complaints and decisions taken in respect of them.
Article 24(1) of the DSA outlines additional required information that must be included in the reports under Article 15(1) of the DSA.
Reporting under the Implementing Regulations.
The Implementing Regulation establishes an annual reporting period from January 1 until December 31. VLOPs and VLOSEs must publish their transparency reports every six months covering the period from January 1 until June 30, and from July 1 until December 31. The reports must be published at the latest two months after the conclusion of each reporting period.
Transparency reports must be retained for at least five years after their publication, and remain publicly available during this period. Where transparency reports are updated, they must be clearly marked that the report is an updated version alongside the changes that were made.
Annex II to the Implementing Regulation provides instructions for completing the transparency report templates. The templates include a Quantitative Template, to contain quantitative machine-readable information on content moderation, and a Qualitative Template to provide meaningful information on content moderation. Annex II clarifies that because the reporting requirements are not the same for VLOPs, VLOSEs, or providers of intermediary services among others, not all fields of the templates will apply to all types of service providers.
Transition period.
Annex II also notes that a transition period, to align the reporting timelines of providers of intermediary services, providers of hosting services, and providers of online platforms with the timelines of VLOPs and VLOSEs, ends on December 31, 2025. Annex II clarifies the applicable deadlines for the two different groups of service providers above during the transition period ending on December 31, 2025.
Reporting under the DSA.
Article 15(1) of the DSA requires providers of intermediary services to make publicly available, in a machine-readable format and in an easily accessible manner, at least once a year, clear, easily comprehensible reports on any content moderation that they engaged in during the relevant period. Article 15(1) of the DSA also establishes the required contents of such reports, including:
- information about the content moderation engaged in at the providers' own initiative, including the use of automated tools, and measures taken to provide training and assistance to persons in charge of content moderation; and
- for providers of intermediary services, the number of complaints received through the internal complaint handling systems, and for providers of online platforms, the basis of those complaints and decisions taken in respect of them.
Article 24(1) of the DSA outlines additional required information that must be included in the reports under Article 15(1) of the DSA.
Reporting under the Implementing Regulations.
The Implementing Regulation establishes an annual reporting period from January 1 until December 31. VLOPs and VLOSEs must publish their transparency reports every six months covering the period from January 1 until June 30, and from July 1 until December 31. The reports must be published at the latest two months after the conclusion of each reporting period.
Transparency reports must be retained for at least five years after their publication, and remain publicly available during this period. Where transparency reports are updated, they must be clearly marked that the report is an updated version alongside the changes that were made.
Annex II to the Implementing Regulation provides instructions for completing the transparency report templates. The templates include a Quantitative Template, to contain quantitative machine-readable information on content moderation, and a Qualitative Template to provide meaningful information on content moderation. Annex II clarifies that because the reporting requirements are not the same for VLOPs, VLOSEs, or providers of intermediary services among others, not all fields of the templates will apply to all types of service providers.
Transition period.
Annex II also notes that a transition period, to align the reporting timelines of providers of intermediary services, providers of hosting services, and providers of online platforms with the timelines of VLOPs and VLOSEs, ends on December 31, 2025. Annex II clarifies the applicable deadlines for the two different groups of service providers above during the transition period ending on December 31, 2025.
