Digital Services Act (DSA)
Information on rights and obligations related to the Digital Services Act (DSA) can be downloaded here.
As of: 14.01.2025
Information about the EU Digital Services Act
1. Purpose
1.1 The purpose of this information (“DSA Addendum”) is to describe the rights and duties associated with the Digital ServicesAct, “DSA.”
1.2 In the event of a conflict between the information in the DSA Addendum and the provisions of the General Terms and Conditions of firstcolo, the provisions of this DSA Addendum shall take precedence. Otherwise, the GTCs of firstcolo shall apply.
1.2. Im Falle eines Widerspruchs zwischen den Angaben in dem DSA-Addendum und den Bestimmungen der Allgemeinen Geschäftsbedingungen von firstcolo, haben die Bestimmungen dieses DSA-Addendum Vorrang. Im Übrigen finden die AGB von firstcolo Anwendung.
2. Contact address for authorities and users
The common central contact address for all authorities and users to share concerns, complaints, or DSA-related inquiriesis: ab***@fi*******.net
3. Procedures relating to reported content
3.1. firstcolo is fundamentally not obligated to proactively review any content provided or hosted by users to ensure its legality (or compatibility with third-party rights).
3.2 Users can utilize the above address to report any firstcolo content that they believe violates statutory provisions and/or that they believe is illegal (“DSA Report”). In order for firstcolo to process the DSA Report, the following information is required:
a. an adequately supported explanation of why the information in question is considered illegal content;
b. the exact electronic storage location of this information, for instance the precise URL address(es) or, where necessary, additional details about the type of content and the specific type of hosting service, to aid in identifying the illegal content;
c. the name of the person submitting the report, unless the content is presumed to involve crimes relating to the sexual abuse or sexual exploitation of children, child pornography, contacting children for sexual purposes, or attempted/encouraged/assisted commission of the abovementioned crimes; and
d. a declaration stating that the reporting person or institution believes in good faith that the information and statements in the report are correct and complete.
3.3 In the context of the investigation, firstcolo reserves the right to utilize various procedures and tools to identify, review, and moderate the content. Depending on the specific case, this can include a human review, automated review, or a combined human and automated review. If automated means were used to review the content and firstcolo then took measures based on this content, firstcolo shall notify the user who provided the content about the use of automated means, unless such notification is in conflict with the legitimate interests of firstcolo and its users.
4. Procedures for moderating reported content
4.1 firstcolo will first determine whether the reports fulfill the requirements of Pt. 3.2 and will, if necessary, ask the reporting persons to provide additional information or the same information again. If the reporting person does not comply with such a request (or fails to do so by an established deadline), firstcolo reserves the right to stop processing the report (at least temporarily).
4.2 If the report fulfills the requirements, firstcolo will send a notification, within five (5) business days of receiving the complete report, to both the (affected) customer and the person who submitted the report (“Confirmation of Receipt”). In this notification, firstcolo will ask the customer to remove/delete/refrain from using the reported, legally impermissible content or to provide a statement demonstrating the legality of the content.
4.3 firstcolo’s right to take temporary measures (e.g. blocking the information) even before the deadline elapses, namely if the received DSA Report completely fulfills the requirements of Pt. 3.2 and – based on a preliminary cursory review – is highly likely to regard illegal or impermissible content, remains unaffected.
5. Complaint Management
5.1. If the customer or reporting person objects to a decision, they can submit a complaint to firstcolo. The complaint must be submitted within six (6) months. The complaint must provide firstcolo with any relevant additional aspects or information so that firstcolo can re-evaluate its decision about moderating the content.
5.2. Furthermore, the participants can contact a certified extrajudicial arbitration body to resolve disputes about reported content if they disagree with the decision or the outcome of a complaint. The DSA requires the digital services coordinator for each member state to certify extrajudicial arbitration bodies that can process disputes. firstcolo will collaborate with the extrajudicial arbitration body only where this is required by law. Please note that firstcolo is not bound by the decisions of these extrajudicial arbitration bodies.
5.3. In every case, you can also bring legal action before a court that is legally responsible under applicable law.
