Having regard to the need to take due account of the fundamental rights guaranteed under the Charter of all parties concerned, any action taken by a provider of hosting services pursuant to receiving a notice should be strictly targeted, in the sense that it should serve to remove or disable access to the specific items of information considered to constitute illegal content, without unduly affecting the freedom of expression and of information of recipients of the service. Notices should therefore, as a general rule, be directed to the providers of hosting services that can reasonably be expected to have the technical and operational ability to act against such specific items. The providers of hosting services who receive a notice for which they cannot, for technical or operational reasons, remove the specific item of information should inform the person or entity who submitted the notice.
DSA Recital EN
Recital 51
Related across sources
Guidance Guidelines 07/2020 on the concepts of controller and processor in the GDPR Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR Guidance Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive Guidance Version history Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement