the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. 4. This Article shall not affect the possibility for a judicial or administrative authority, in accordance with a Member State's legal system, to require the service provider to terminate or prevent an infringement. As the CJEU judgment of the Airbnb Ireland case determines that only a service provider hosts data automatically and passively, the platform is, in principle, exempt from liability for the content it stores (article 6 Digital Service Act). Note that the Digital Services Act significantly improves the mechanisms for removing illegal content and the effective protection of the users’ fundamental rights online. It also creates a stronger public oversight of online platforms, in particular for platforms that reach more than 10% of the EU’s population. In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal activities or illegal content, act expeditiously to remove or to disable access to that content. The exemption of liability should not apply where the recipient of the service is acting under the authority or the control of the provider of a hosting service . 9 The novelty in Digital Service Act is consumer protection (article 6, paragraph 3). Certain providers of hosting services, namely online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way as to lead consumers to believe that that information was provided by those online platforms themselves or by traders acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case . 10 The novelty in Digital Service Act is also the due diligence obligations for a transparent and safe online environment for providers of intermediary services (Chapter III) and also the implementation, cooperation, penalties and enforcement system (Chapter IV). Digital Service Act sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, providers of online platforms and of very large online platforms and of very large online search engines. See, Whereas 22 and 23 Digital Service Act. 9 See, Whereas 24 Digital Service Act. 10
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