In short. DSA Article 16 requires accessible electronic reporting that supports substantiated notices, exact content locations, contact details subject to an exception, and good-faith confirmation.
Definition: A notice and action mechanism is an electronic reporting route through which any individual or entity can notify a hosting service of specific information considered illegal. Article 16 of the Digital Services Act (DSA) requires an accessible, user-friendly mechanism that facilitates substantiated notices and provides for their processing and the communication of decisions.
Key facts
- DSA Article 16(1) requires easy access, user-friendly operation and submission exclusively by electronic means.
- The name-and-email exception in Article 16(2)(c) concerns offences referred to in Articles 3 to 7 of Directive 2011/93/EU, including sexual abuse, sexual exploitation and solicitation of children for sexual purposes.
- The European Commission's reporting guidance, updated on 17 August 2026, places reporting controls typically beside content, profiles, advertisements or products, with labels such as “report” or “flag”.
Which website services are covered?
DSA Article 3(g)(iii) defines a hosting service as storing information provided by, and at the request of, a service recipient. Article 2(1) covers intermediary services offered to recipients established or located in the EU, regardless of the provider's place of establishment. Article 3(h) defines illegal content by reference to Union law or compatible Member State law, including information relating to the sale of products or provision of services.
Recital 50 addresses hosting providers regardless of size. It says notice mechanisms should be clearly identifiable, close to the information concerned, and at least as easy to find and use as reporting tools for breaches of the provider's terms. Article 93(2) sets 17 February 2024 as the DSA's general application date.
What information must the mechanism accommodate?
DSA Article 16(2) requires the mechanism to enable and facilitate notices containing four elements:
- Reasons for alleged illegality. The notice supplies a sufficiently substantiated explanation of why the information is alleged to be illegal.
- Exact electronic location. The notice identifies the exact URL or URLs, with further information where necessary to identify the content, adapted to the content and hosting service.
- Name and email address. These identify the individual or entity submitting the notice, subject to the exception for information considered to involve offences referred to in Articles 3 to 7 of Directive 2011/93/EU.
- Good-faith confirmation. The notifier confirms a good-faith belief that the information and allegations in the notice are accurate and complete.
Recital 50 also envisages reporting multiple specific items in one notice when the notice requirements are met. Article 16(3) provides that a notice gives rise to knowledge or awareness for Article 6 where a diligent host can identify the illegality of the specific information without a detailed legal examination.
What must happen after submission?
Under DSA Article 16(4), a host sends confirmation of receipt without undue delay when a notice includes the notifier's electronic contact information. Paragraph 5 requires notification of the decision without undue delay, including information about possibilities for redress, meaning ways to challenge that decision.
Paragraph 6 requires timely, diligent and objective processing and decisions, without arbitrariness. If automated means are used for processing or decision-making, the decision notification must include information about that use.
Related terms
- When can a website with user content be a hosting service under the DSA?
- How can an illegal-content notice affect a host's DSA liability exemption?
- What explanation must a host give when removing a user's content?
FAQ
Can an organisation submit a notice?
Yes. DSA Article 16(1) makes the mechanism available to any individual or entity.
Can one notice identify several URLs?
Yes. Recital 50 of the same regulation allows multiple specific items in one notice when the notice requirements are met. Article 16(2)(b) expressly refers to the exact URL or URLs of the information concerned.
Sources
- European Parliament and Council, "Regulation (EU) 2022/2065 (Digital Services Act)", 19 October 2022
- European Parliament and Council, "Directive 2011/93/EU", 13 December 2011
- European Commission, "Tackling illegal content online with the Digital Services Act", updated 17 August 2026
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