The requirements to provide information on redress mechanisms available to the provider of the intermediary service and to the recipient of the service who provided the content include a requirement to provide information about administrative complaint-handling mechanisms and judicial redress including appeals against orders issued by judicial authorities. Moreover, Digital Services Coordinators could develop national tools and guidance as regards complaint and redress mechanisms applicable in their respective territory, in order to facilitate access to such mechanisms by recipients of the service. Finally, when applying this Regulation Member States should respect the fundamental right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. This Regulation should therefore not prevent the relevant national judicial or administrative authorities from issuing, on the basis of the applicable Union or national law, an order to restore content, where such content was in compliance with the terms and conditions of the provider of the intermediary service but has been erroneously considered as illegal by that provider and has been removed.
DSA Recital EN
Recital 39
Related across sources
News EFFecting Change: LGBTQ+ Solidarity Against the Tide of Surveillance Guidance Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679 Guidance Guidelines 05/2020 on consent under Regulation 2016/679 Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Guidelines 8/2020 on the targeting of social media users News Quod erat demonstrandum? - Towards a typology of the concept of explanation for the design of explainable AI