Article 7 Voluntary own-initiative investigations and legal compliance

Summary What does Article 7 of the DSA regulation say?

This brief but important protective article directly supports the liability exemption framework established in Articles 4, 5 and 6.

It clarifies that providers of intermediary services will not lose their eligibility for those liability exemptions simply because they take voluntary, good faith actions to detect, identify, and remove illegal content, or because they take steps to comply with Union or national law.

In essence, it removes the risk that proactive behaviour could be used against a provider as evidence of knowledge or control, which might otherwise disqualify them from the exemptions.

Important points:

Providers of intermediary services can carry out voluntary investigations and content removal actions without forfeiting their liability exemptions under Articles 4, 5 and 6.
The protective effect of this article applies only where the provider acts in good faith and in a diligent manner.
Compliance measures taken to meet Union law or national law requirements are equally protected under this article.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 4, 5 and 6 solely because they, in good faith and in a diligent manner, carry out voluntary own-initiative investigations into, or take other measures aimed at detecting, identifying and removing, or disabling access to, illegal content, or take the necessary measures to comply with the requirements of Union law and national law in compliance with Union law, including the requirements set out in this Regulation.

Relevant recitals

Recital 26 Voluntary illegal-content detection preserves exemptions

In order to create legal certainty, and not to discourage activities that aim to detect, identify and act against illegal content that providers of all categories of intermediary services undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not render unavailable the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. The condition of acting in good faith and in a diligent manner should include acting in an objective, non-discriminatory and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, and providing the necessary safeguards against unjustified removal of legal content, in accordance with the objective and requirements of this Regulation. To that aim, the providers concerned should, for example, take reasonable measures to ensure that, where automated tools are used to conduct such activities, the relevant technology is sufficiently reliable to limit to the maximum extent possible the rate of errors. In addition, it is appropriate to clarify that the mere fact that the providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not render unavailable the exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon. Voluntary actions should not be used to circumvent the obligations of providers of intermediary services under this Regulation.

Table of contents

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