In short. A notice that meets Article 16(3) can establish knowledge or awareness, after which expeditious removal or disabling of access is required to retain the Article 6 exemption.
Definition: Under the Digital Services Act (DSA), a hosting service stores information supplied by, and at the request of, a service user. A sufficiently informative illegal-content notice can give the host knowledge or awareness of specific unlawful content, after which Article 6 requires expeditious removal or disabling of access to retain its liability exemption.
Key facts
- Article 6(1) of the DSA on EUR-Lex distinguishes actual knowledge of illegal activity or content from awareness of facts or circumstances making illegality apparent, which applies to damages claims.
- The European Commission's DSA questions and answers explains that other EU or national laws determine what constitutes illegal content.
- The Commission's user rights guide identifies direct reporting through platforms' reporting mechanisms as an Article 16 right, with counterfeit products among its examples.
What protection does Article 6 provide?
As of 17 October 2026, Article 6(1) provides a conditional exemption from liability for information stored at a user's request. The host qualifies if it lacks actual knowledge of illegal activity or content and, for damages claims, lacks awareness of facts or circumstances making that illegality apparent. Alternatively, upon obtaining such knowledge or awareness, it must act expeditiously to remove or disable access to the illegal content.
The exemption has boundaries. Article 6(2) excludes situations where the user acts under the host's authority or control. Article 6(4) preserves judicial or administrative authorities' ability to require termination or prevention of an infringement.
When does a notice create knowledge or awareness?
Article 16(3) treats a notice as giving rise to knowledge or awareness concerning the specific item when a diligent hosting provider can identify its illegality without a detailed legal examination. Receipt alone therefore falls short of that test.
Article 16(2) requires the notice mechanism to facilitate sufficiently precise and substantiated notices. Required elements include an explanation of the alleged illegality, the exact electronic location such as a URL, and a statement that the notifier believes the information and allegations are accurate and complete. The notifier's name and email address are also required, with an exception for specified child sexual abuse offences.
Recital 22 explains that knowledge can also arise through the host's own investigations. General awareness that a service stores some illegal content is insufficient by itself to establish the relevant knowledge or awareness.
What must happen after awareness?
Article 6(1)(b) makes expeditious removal or disabling of access the condition for retaining the exemption after obtaining knowledge or awareness. Recital 52 says processing should take account of the content type and urgency; it gives alleged illegal content threatening people's life or safety as an example requiring action without delay.
Article 16(6) requires timely, diligent, objective and non-arbitrary processing of notices and decisions. Under Article 16(4) and (5), the host sends an acknowledgment where electronic contact information is supplied and notifies the notifier of its decision and redress possibilities without undue delay. Recital 22 requires removal or disabling of access to respect users' fundamental rights, including freedom of expression and information.
Recital 17 leaves the positive basis for liability to applicable EU or national law. A host that loses the exemption still has its liability assessed under those applicable rules.
Related terms
- When can a website with user content be a hosting service under the DSA?
- What must an illegal-content notice mechanism contain under the DSA?
- What explanation must a host give when removing a user's content?
FAQ
Does every notice require removal?
Article 16(3) applies its knowledge test to the specific content and the information supplied. Article 16(6) requires the host to process notices and reach decisions objectively and diligently.
Does losing the exemption automatically make my hosting business liable?
Recital 17 leaves the grounds for liability to applicable EU or national law. Article 6 sets the conditions for exemption from that liability.
Sources
- European Parliament and Council, "Regulation (EU) 2022/2065 (Digital Services Act)", 27 October 2022
- European Commission, "Digital Services Act: Questions and Answers", 19 December 2025
- European Commission, "User rights under the Digital Services Act", 17 July 2026
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