Trusted flaggers: conditions and applications

What are the relevant schemes?

• Article 22 of the Digital Services Regulation establishes the status of trusted flaggers.
• Recitals 61 and 62 of the Digital Services Regulation provide further clarification.
• Article 16 of the Digital Services Regulation specifies the conditions for submitting "notifications" (reports of unlawful content).

What will platforms be required to do?

• Take technical and organizational measures to :

- prioritize alerts from trusted flaggers designated by the digital services coordinators (CSN) of the 27 member states;

- take a decision on reported content as quickly as possible.

• Inform of the decision taken and the possibilities for appeal.

What criteria must be met?

• Special expertise and skills to detect, identify and notify unlawful content.
• Be independent of any online platform provider
• To be diligent, accurate and objective in submitting notifications .

Expertise

• In detecting and fighting against one or more types of unlawful online content.
• Knowledge of national(aux) and Europeanlaw on one or more types of unlawful online content.
• Technical expertise in one or more types of unlawful online content (e.g. product non-compliance).
• Expertise in the use of digital technologies.

Independence

• in decision-making (no supervision by one or more platforms over the reporting activity).
• financial transparency and all types of remuneration
• staff of the applicant entity must be independent of platforms

Notifications must be "diligent, precise and objective".

• Accuracy and quality of reports.
• Sufficient human, technical and financial resources to operate as trusted flaggers.
• Demonstrated commitment to users' safety and respect for their rights.

Will existing priority channels (intellectual property, over-the-counter programs with the platform, channels for authorities) be maintained?

The RSN does not make provision for the trusted flaggers scheme to replace pre-existing channels:

"The provisions of this Regulation relating to trusted flaggers should not be made provision for preventing online platform providers from treating in the same way notifications submitted by entities or individuals who have not been granted trusted flagger status under this Regulation, or otherwise cooperating with other entities, in accordance with applicable law (...)".

Control of trusted flagger status

• the Digital Services Coordinator may conduct an investigation into a signaller (e.g. at the request of a platform)
• the flagger's status may be suspended for the duration of the investigation
• the Digital Services Coordinator may revoke the status if the reporter no longer meets the criteria.

What will trusted flaggers have to do?

• Submit reports that meet certain conditions: substantiated explanation, clear indication of the location of the content, name and address of the reporter, declaration of good faith.
• Publish a detailed annual report with information on :

- the number of reports made (classified by platform, type of unlawful content and action taken)

- the procedures put in place to guarantee the independence of the reporter.

What types of content can be reported?

• any unlawful content as defined by the RSN(art.3):

"any information which, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or with the law of a Member State which complies with Union law, whatever the precise purpose or nature of that law".

Will there be a limited number of signallers per member state or throughout the EU?

• No quota, but care must be taken to maintain a "limited" number, as the RSN invites (cons.61):

"To avoid diminishing the added value of such a mechanism, the total number of trusted flaggers recognized in accordance with this Regulation should be limited. In particular, professional associations representing the interests of their members are encouraged to demand trusted flagger status, without prejudice to the right of private entities or individuals to enter into bilateral agreements with online platform providers."

Will it be possible to apply for trusted flagger status on all platforms?

Yes, on all online platforms subject to the RSN, regardless of their country of establishment (except micro-enterprises and small businesses, not subject to Article 22).

Will it be possible to flag content in other member states?

Yes, as long as the trusted flagger has the necessary skills and expertise (including the languages and rights of the countries concerned).

• On demand to the coordinator for digital services: Arcom, in France.
• By demonstrating that the criteria have been met by completing the Application form for trusted flagger status on the "démarche-simplifiées" platform.

The list of required documents is accessible from the "démarches-simplifiées" platform via the trusted flagger application form.

Should you require further information, please send your questions to the following address:

signaleurs-de-confiance@arcom.fr

Candidates have been able to submit their applications to Arcom since June 26, 2024.

There is no application deadline, the form will remain open and it will be possible to apply for trusted flagger status at any time.

You can apply for trusted flagger status by filling in an application form on the "démarches-simplifiées" platform.

A guide to the application process is available on the Arcom website.