Under the Digital Services Act (DSA), organisations with specialised expertise and competence in identifying certain specific types of illegal online content can be designated as trusted flaggers. Platforms are required to prioritise the review of notices of illegal content from trusted flaggers in their designated area of expertise. To ensure clarity on how this mechanism operates, the Commission has developed guidelines on trusted flaggers.
The goal of these guidelines is twofold:
- Assist providers of online platforms and Digital Services Coordinators (DSCs) in the application of Article 22(2), (6) and (7) of the DSA, in particular as regards the award, suspension and revocation of the trusted flagger status.
- Provide further interpretative guidance on the obligations applicable to providers of online platforms, trusted flaggers and DSCs laid down in Article 22(1), (3) and (4) of the DSA. This includes guidance on the technical and organisational measures to be adopted by providers of online platforms, to ensure that notices submitted by trusted flaggers, acting within their designated areas of expertise, are given priority and processed and decided upon without undue delay.
As regards the reporting requirements applicable to trusted flaggers and DSCs, the guidelines also explain what type of information the Commission considers that trusted flaggers should include in their reports on notices submitted. They also explain what type of information DSCs should communicate to the Commission when they award the status of trusted flagger to an entity.
The Commission has also launched a targeted consultation, giving relevant stakeholders the opportunity to share their insights and contribute to the guidelines on trusted flaggers.