- Standards for effective complaint management to ensure
that social networks delete blatantly criminal content 24
hours after receipt of a complaint from a user. The draft
makes it compulsory to have effective, transparent
methods for the prompt deletion of illegal content,
including user-friendly mechanisms for registering
complaints.
- Social networks shall be legally bound to file quarterly
reports on how they dealt with complaints regarding
potentially criminal content. The reports shall contain
statistics on the volume of complaints and information on
the networks' decision-making process. They shall also
provide information on the complaints team responsible
for processing the complaints. The reports must be readily
retrievable on the social network's homepage.
- Social networks may be imposed a fine of up to EUR 5
million in the following cases: deliberate or negligent non-
compliance with the reporting obligation, violation of the
obligation to have effective complaint management,
violation of the obligation to appoint a person on German
soil authorised to accept service and an authorised
recipient on German soil for requests for information from
law enforcement authorities.
The notification message and the draft text concerning this
notification can be found on http://ec.europa.eu/growth/tools-
databases/tris/en/search/?trisaction=search.detail&year=2017&n
um=127
The notification under subject come to develop further the
obligations regarding intermediaries' liability contained in Article
10 of the German Telemedia Act (TMG). This provision was
commented by the Commission when it was amended and
notified under previous notification 2015/305/D, in relation with
the liability exemption contained in Article 14 of the E-commerce
Directive. The exchange between EC and DE is attached.
The latest text of the German Telemedia Act is available at
https://www.gesetze-im-internet.de/tmg/BJNR017910007.html
In the event you would have
any comments, I would be grateful
for your feedback by
28/4/2017 (final deadline for written
contributions). In the absence of a reply by the above-mentioned
deadline, we will consider that you have no comments on the
notified draft.
Should you have any questions of understanding (interim
comments), please send them to me as soon as possible before
the deadline indicated above.
Thank you very much in advance.
Kind regards,
European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Unit B2 - Prevention of Technical Barriers
B-1049 Brussels/Belgium
+32-2-29-