On November 4, 2024, the European Commission (“Commission”) adopted the implementing regulation on transparency reporting under the Digital Services Act (“DSA”). The implementing regulation is intended to harmonise the format and reporting time periods of the transparency reports required by the DSA.
Transparency reporting is required under Articles 15, 24 and 42 of the DSA. Obligations vary depending on whether the reporting entity is a provider of an intermediary service, hosting service, online platform, very large online platform (“VLOP”) or very large online search engine (“VLOSE”) (collectively, “Providers”).
The implementing regulation requires Providers to use the templates set out in Annex 1 of that regulation when complying with their DSA transparency reporting obligations. Providers must complete and publish this information in accordance with the instructions set out in Annex 2.
The Templates
Annex 1 contains two templates: (1) a “Quantitative Template” consisting of eight sections and (2) a “Qualitative Template” consisting of one section (collectively, the “Templates”):
- The Quantitative Template is to be used to provide quantitative machine-readable information on content moderation. Each of the eight sections sets out tables where Providers can input standardised information on issues such as Member State orders to act against illegal content, notices submitted under the DSA, own-initiative content moderation, and handling of complaints through their internal complaint mechanisms.
- The Qualitative Template is to be used to provide qualitative information on content moderation. It requires Providers to input free text descriptions under a range of indicators such as “Summary of the content moderation engaged in at the providers’ own initiative” or “Safeguards applied to the use of automated means.”