# Measures and protection against misuse 23(3) — DSA — provision context

> Focused context for a single provision (23(3)), curated from overview.legal on 2026-10-06. Canonical: https://overview.legal/laws/dsa/art-23#par-3
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Measures and protection against misuse** (DSA, full article: https://overview.legal/laws/dsa/art-23).

## Provision text

### 23(3)

When deciding on suspension, providers of online platforms shall assess, on a case-by-case basis and in a timely, diligent and objective manner, whether the recipient of the service, the individual, the entity or the complainant engages in the misuse referred to in paragraphs 1 and 2, taking into account all relevant facts and circumstances apparent from the information available to the provider of online platforms. Those circumstances shall include at least the following:

a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a given time frame;
b) the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame;
c) the gravity of the misuses, including the nature of illegal content, and of its consequences;
d) where it is possible to identify it, the intention of the recipient of the service, the individual, the entity or the complainant.

## Topics on this provision

- **Recipient** — https://overview.legal/topics/recipient
  A person or body to which personal data are disclosed (Art 4(9) GDPR).

## Cited by (exact-provision citations)

- **Guidelines 3/2025 on the interplay between the DSA and the GDPR** (guidance) — https://overview.legal/posts/51175
- **Guidelines 3/2025 on the interplay between the DSA and the GDPR** §48 (guidance, EDPB) — https://overview.legal/posts/51175

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Generated by overview.legal · https://overview.legal/laws/dsa/art-23#par-3 · 2026-10-06