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Hosting service providers: comply with the new TOI regulation

If you offer hosting services, you must comply with the Terrorist Online Content Regulation. One of the core obligations: in principle, you must remove terrorist content reported to you via a takedown order within one hour or...

Published on August 1, 2022 by MKBjuristen.nl
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If you offer hosting services, you must comply with the Online Terrorist Content Regulation (Terrorist Content). One of the core obligations is that, in principle, you must remove or make inaccessible terrorist content reported to you via a takedown order within one hour. Failure to comply may result in sanctions.

What is the TOI Regulation?

The European TOI Regulation aims to combat the dissemination of terrorist online content. It imposes obligations on hosting service providers — parties that store and make available information provided by users, such as platforms and hosting providers. Each Member State designates a competent authority for supervision and issuing orders.

The one-hour removal period

The most important obligation is that, in principle, you remove or make inaccessible terrorist content within one hour after receiving a removal order from the competent authority. This short timeframe requires you to structure your organization and processes accordingly so that you can act quickly.

Additional obligations

In addition to prompt removal, supplementary requirements may apply, such as taking specific measures if your service is demonstrably exposed to terrorist content, establishing a contact point, and transparency obligations. Please note that rules regarding other illegal material may also apply.

What should you do?

Determine whether you, as a hosting service provider, fall under the regulation, establish a process to respond to orders within the time limit, designate a contact point, and document your approach. This will help you avoid sanctions and be prepared when an order is received.

Frequently Asked Questions

To whom does the TOI regulation apply?

For hosting service providers: parties that store and make available information provided by users, such as platforms and hosters.

How soon do I need to remove terrorist content?

Following a removal order, in principle within one hour. Align your processes accordingly.

What if I don't meet the requirements?

Then you risk enforcement and sanctions. Ensure that you are prepared and have set up a contact point.

Ensure your online service complies with the regulations?

Our legal experts advise hosting services and platforms on their obligations. View our privacyor contract lawteam, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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