EU Digital Services Act Notice-and-Action & Content Moderation Policy

NOTICE-AND-ACTION & CONTENT MODERATION POLICY

Platform Name: [________________________________]
Effective Date: [__/__/____]
Policy Owner: [________________________________]
Legal Representative in the EU: [________________________________]
Version: [____]

TABLE OF CONTENTS

1. Purpose, Scope, and DSA Classification
2. Points of Contact and Legal Representative
3. Notice Submission Requirements
4. Notice Processing and Triage
5. Decision-Making and Actions
6. Statement of Reasons
7. User Notification and Internal Complaints
8. Out-of-Court Dispute Settlement
9. Trusted Flaggers
10. Repeat Infringer and Misuse Policies
11. Illegal Content Categories and Specialized Workflows
12. Content Moderation — Terms of Service Enforcement
13. Transparency Reporting
14. Systemic Risk Assessment and Mitigation (VLOP/VLOSE)
15. Researcher Data Access (VLOP/VLOSE)
16. Recordkeeping and Audit
17. Law Enforcement Cooperation
18. Moderation Guidelines and Staff Welfare
19. Policy Review
20. Annexes

1. PURPOSE, SCOPE, AND DSA CLASSIFICATION

1.1 Purpose

This Policy establishes [________________________________]'s (the "Platform") procedures for receiving, assessing, and responding to notices of illegal content, user complaints, and content moderation decisions in compliance with the EU Digital Services Act (Regulation (EU) 2022/2065) (the "DSA"). The DSA's due diligence obligations apply to all intermediary services from February 17, 2024 (with VLOP/VLOSE obligations applying from designation date).

1.2 Scope

This Policy applies to all content and services hosted or disseminated via the Platform to recipients in the European Union. It covers:

☐ Illegal content notices from users, authorities, and trusted flaggers
☐ Content moderation decisions (terms of service enforcement)
☐ Internal complaint handling and appeals
☐ Out-of-court dispute settlement
☐ Transparency reporting
☐ Systemic risk assessment (if designated as VLOP/VLOSE)

1.3 DSA Classification

2. POINTS OF CONTACT AND LEGAL REPRESENTATIVE

2.1 Single Point of Contact for Authorities (Art. 11)

2.2 Single Point of Contact for Users (Art. 12)

2.3 Legal Representative in the EU (Art. 13)

3. NOTICE SUBMISSION REQUIREMENTS (Art. 16)

3.1 Notice Portal

The Platform provides an accessible electronic notice submission mechanism at: [________________________________]

The notice form is available in: [________________________________] (all official EU languages served).

3.2 Valid Notice Requirements

A notice shall contain (Art. 16(2)):

☐ Explanation of why the content is considered illegal
☐ URL or precise location of the content (sufficient to identify and locate it)
☐ Name and email address of the notifier (except for notices involving CSAM)
☐ Statement of good faith that the information and allegations are accurate and complete
☐ Legal basis invoked (national law provision, EU regulation, or court order)
☐ Supporting evidence (optional but encouraged): screenshots, documents, links

3.3 Trusted Flagger Submissions (Art. 22)

☐ Trusted flaggers may submit notices via dedicated API endpoints or priority channels
☐ Trusted flagger notices receive priority processing (Art. 22(1))
☐ The Platform maintains a current list of trusted flaggers recognized by Digital Services Coordinators (DSCs)

3.4 Incomplete Notices

If a notice does not contain all required elements, the Platform will:
☐ Acknowledge receipt
☐ Request supplemental information
☐ Process the notice based on available information if the alleged illegality is sufficiently identified

4. NOTICE PROCESSING AND TRIAGE

4.1 Acknowledgment

☐ Automated acknowledgment sent to notifier within 24 hours of submission (Art. 16(4))
☐ Acknowledgment includes: notice reference number, confirmation of receipt, expected review timeline

4.2 Triage

4.3 Assessment Criteria

Content is assessed against:

☐ Applicable EU and Member State law (national law of the notice, law of the Member State where content has effects)
☐ Platform Terms of Service and Community Guidelines
☐ Fundamental rights considerations (freedom of expression, information, non-discrimination) (Art. 14(4))
☐ Proportionality of proposed action

5. DECISION-MAKING AND ACTIONS (Art. 16-17)

5.1 Available Measures

5.2 Decision Principles

☐ Decisions must be timely, diligent, non-arbitrary, and objective (Art. 14(4))
☐ Measures must be necessary and proportionate to the nature of the illegal content
☐ Fundamental rights of all affected parties must be considered
☐ Document the specific legal basis for each action taken

6. STATEMENT OF REASONS (Art. 17)

For every content moderation decision that restricts content or accounts, the Platform shall provide a clear and specific statement of reasons containing:

☐ Type of restriction applied (removal, disabling, suspension, etc.)
☐ Facts and circumstances on which the decision is based
☐ Reference to the legal ground or contractual ground (terms of service clause)
☐ If based on illegality: reference to the specific legal provision
☐ If based on terms of service: reference to the specific clause
☐ Information about automated tools used in the decision (if any)
☐ Information about the right to appeal through the internal complaint-handling system
☐ Information about out-of-court dispute settlement bodies
☐ Information about the right to seek judicial redress

Statements of reasons shall be provided in a standardized, machine-readable format compatible with the European Commission's format (per DSA implementing acts).

7. USER NOTIFICATION AND INTERNAL COMPLAINTS (Art. 20)

7.1 User Notification

☐ Affected users notified promptly with the statement of reasons
☐ Notification not provided if it would impede law enforcement activities or endanger an investigation
☐ Notifiers informed of the decision taken on their notice

7.2 Internal Complaint-Handling System (Art. 20)

7.3 Appeal Process

8. OUT-OF-COURT DISPUTE SETTLEMENT (Art. 21)

☐ Users may refer disputes to certified out-of-court dispute settlement bodies in Member States
☐ The Platform shall engage in good faith with such bodies
☐ Decisions of dispute settlement bodies are not binding on either party (Art. 21(3))
☐ Inform users of available out-of-court dispute settlement bodies at: [________________________________]

9. TRUSTED FLAGGERS (Art. 22)

9.1 Trusted Flagger Management

☐ Maintain a list of trusted flaggers recognized by Member State DSCs
☐ Provide trusted flaggers with dedicated submission channels (API, priority portal)
☐ Process trusted flagger notices with priority — not exclusively by automated means
☐ Track accuracy metrics for each trusted flagger

9.2 Accuracy Monitoring

☐ Report insufficient accuracy to the relevant DSC for potential revocation of trusted flagger status (Art. 22(6))

10. REPEAT INFRINGER AND MISUSE POLICIES (Art. 23)

10.1 Repeat Infringers

10.2 Misuse (Art. 23(1))

The Platform shall suspend, for a reasonable period, users or notifiers who frequently submit manifestly unfounded notices or complaints:

☐ Pattern of manifestly unfounded notices → suspension of notice-submission ability for [____] days
☐ Pattern of manifestly unfounded complaints → suspension of complaint-handling access for [____] days
☐ Manifestly illegal content posted → account suspension per graduated sanctions above

10.3 Safeguards

☐ Before imposing suspension for misuse, provide warning and opportunity to respond
☐ Consider the absolute number, proportion, gravity, and intent of misuse
☐ Document all misuse determinations

11. ILLEGAL CONTENT CATEGORIES AND SPECIALIZED WORKFLOWS

12. CONTENT MODERATION — TERMS OF SERVICE ENFORCEMENT (Art. 14)

12.1 Terms of Service / Community Guidelines

The Platform's Terms of Service and Community Guidelines are published at: [________________________________]

12.2 Moderation Methods

☐ Automated detection tools: [________________________________] (describe technologies used)
☐ Human review: All automated detections resulting in content restriction are subject to human review
☐ User reporting: Content reported by users reviewed per this Policy
☐ Proactive monitoring: [________________________________] (describe scope)

12.3 Limitations on Automated Tools (Art. 14(4))

☐ Content restrictions resulting from automated tools alone are subject to human oversight
☐ Automated tools are not the sole basis for decisions affecting fundamental rights
☐ Error rates and accuracy metrics for automated tools are tracked and reported

13. TRANSPARENCY REPORTING (Art. 24; Art. 42 for VLOP/VLOSE)

13.1 Reporting Frequency

13.2 Report Content (Art. 24(1))

☐ Number of notices received, by category and Member State
☐ Number of orders received from authorities, by category and Member State
☐ Content moderation decisions: removals, restrictions, by type and ground
☐ Use of automated tools: scope, accuracy indicators, error rates
☐ Number of complaints received via internal system and outcomes
☐ Number of suspensions for repeat infringers and misuse
☐ Average time to process notices and complaints
☐ Number of out-of-court dispute settlement proceedings and outcomes

13.3 Publication

Reports published at: [________________________________]

Reports use the European Commission's reporting template where applicable.

14. SYSTEMIC RISK ASSESSMENT AND MITIGATION (Art. 34-35) — VLOP/VLOSE ONLY

14.1 Risk Assessment (Art. 34)

If designated as VLOP/VLOSE, conduct annual risk assessments identifying systemic risks arising from:

☐ Dissemination of illegal content through the service
☐ Actual or foreseeable negative effects on fundamental rights (dignity, privacy, freedom of expression, non-discrimination, rights of the child)
☐ Actual or foreseeable negative effects on civic discourse, electoral processes, and public security
☐ Actual or foreseeable negative effects related to gender-based violence, protection of public health, and protection of minors

14.2 Mitigation Measures (Art. 35)

☐ Adaptation of content moderation systems (staffing, processes, automated tools)
☐ Adaptation of terms of service and their enforcement
☐ Adaptation of algorithmic recommender systems
☐ Cooperation with trusted flaggers and authorities
☐ Awareness-raising and user literacy measures
☐ Crisis response protocols

14.3 Independent Audit (Art. 37)

☐ Annual independent audit of compliance with DSA due diligence obligations
☐ Audit organization meets criteria set by the European Commission
☐ Audit report and implementation report published

15. RESEARCHER DATA ACCESS (Art. 40) — VLOP/VLOSE ONLY

☐ Provide access to data to vetted researchers approved by the Digital Services Coordinator
☐ Data access must be proportionate and respect privacy, trade secrets, and security
☐ Maintain technical infrastructure for researcher data access

16. RECORDKEEPING AND AUDIT

☐ Retain notices, decisions, statements of reasons, and complaints for at least [____] years
☐ Ensure data minimization in retained records
☐ Make records available to the European Commission and Digital Services Coordinators upon request (Art. 51)
☐ Retain evidence of compliance with each DSA obligation

17. LAW ENFORCEMENT COOPERATION (Art. 18)

17.1 Orders to Act Against Illegal Content (Art. 9)

☐ Verify authenticity of orders from judicial/administrative authorities
☐ Act within the deadline specified in the order (or without undue delay)
☐ Confirm compliance to the issuing authority
☐ Inform the authority if unable to comply, with reasons

17.2 Orders to Provide Information (Art. 10)

☐ Verify order authenticity
☐ Provide requested information within the specified deadline
☐ Inform the issuing authority of receipt and action taken

17.3 Voluntary Reporting

☐ Report to relevant Member State authorities when the Platform becomes aware of information giving rise to a suspicion that a criminal offense involving a threat to life or safety has taken place or is likely to take place (Art. 18)

18. MODERATION GUIDELINES AND STAFF WELFARE

18.1 Internal Guidelines

☐ Maintain comprehensive internal guidelines for moderators covering: content classification, escalation procedures, cultural and linguistic context, fundamental rights considerations
☐ Guidelines updated at least [____] times per year or upon legal/operational changes

18.2 Training

☐ Regular training on DSA requirements, content categories, and decision-making standards
☐ Specialized training on trauma-intensive categories (CSAM, violence, terrorism)
☐ Training records maintained

18.3 Staff Wellbeing

☐ Provide psychological support services to content moderators
☐ Implement exposure-limiting protocols for traumatic content
☐ Regular check-ins and access to counseling services
☐ Track moderator burnout metrics and adjust workloads accordingly

19. POLICY REVIEW

20. ANNEXES

Annex A: Notice Form Template

Annex B: Statement of Reasons Template

Annex C: Appeal/Complaint Handling Workflow

Annex D: Trusted Flagger Management

Annex E: Transparency Report Data Dictionary

SOURCES AND REFERENCES

• EU Digital Services Act, Regulation (EU) 2022/2065
• DSA Art. 6 (Liability Exemption for Hosting)
• DSA Art. 16-17 (Notice and Action; Statement of Reasons)
• DSA Art. 20-21 (Internal Complaint Handling; Out-of-Court Settlement)
• DSA Art. 22 (Trusted Flaggers)
• DSA Art. 23 (Misuse Measures)
• DSA Art. 24 (Transparency Reporting)
• DSA Art. 34-35 (Systemic Risk Assessment and Mitigation — VLOP/VLOSE)
• DSA Art. 37 (Independent Audits — VLOP/VLOSE)
• DSA Art. 40 (Data Access for Researchers — VLOP/VLOSE)
• Regulation (EU) 2021/784 (Terrorism Content Online)

This template is provided for informational purposes only and does not constitute legal advice. Consult qualified legal counsel before use.