Takedowns outside the US: notice-and-action under the EU Digital Services Act and elsewhere

The EU Digital Services Act

The DSA sets duties for online intermediaries in the European Union. For hosting services, Article 16 requires an easy-to-use mechanism that lets people notify the provider of content they consider illegal. This is the notice-and-action mechanism.

Copyright infringement is one kind of illegal content, so a rights owner can use this route. It is not limited to copyright, which is why platforms often present one reporting form that covers many categories.

What an Article 16 notice contains

A notice needs to give the provider enough to act on:

1. A sufficiently substantiated explanation of why the content is considered illegal.
2. A clear indication of the exact electronic location, such as the URL.
3. The name and email address of the person or body submitting the notice, with limited exceptions for certain offences.
4. A statement confirming a good-faith belief that the information is accurate and complete.

When a notice has these elements, it is treated as giving the provider actual knowledge of the content, which matters for the provider's liability. The provider has to confirm receipt and decide in a timely, diligent and objective way.

What the provider has to do afterwards

The DSA adds steps beyond the removal itself. Where a provider restricts content, it generally has to give the affected user a statement of reasons (Article 17). Users can use an internal complaint-handling system to dispute the decision (Article 20), and certain out-of-court dispute bodies exist as well.

This resembles the counter-notice idea in the US, but the process is different. The user disputes with the platform, and there is no fixed restore window like the one in our guide to DMCA counter-notices.

Trusted flaggers and misuse

The DSA allows organisations with particular expertise to be designated as trusted flaggers, and platforms must give priority to their notices. Designation is made by national authorities, not claimed by the sender, so most rights owners will use the normal route.

The Act also expects providers to act against users who often submit manifestly unfounded notices, which is another reason to check each notice before it is sent.

Hosts in other regions

Outside the US and the EU, laws on host liability and removal differ. Some countries have a statutory notice process, some rely on a court order, and some leave it to the host's own terms. The United Kingdom, Canada, Australia, India, Brazil and other jurisdictions each take their own approach.

Because of this, the first practical step is to find out where the host is established and which procedure it publishes. Many hosts accept a DMCA-style notice anyway, as a convenient format, even if the law that applies to them is different.

Practical differences from a DMCA notice

• Format. DMCA notices follow a list set out in the statute. DSA notices follow Article 16. Other hosts may use their own forms.
• Language. Some hosts and authorities expect or respond faster to notices in the local language.
• Reasoning. A DSA notice has to explain why the content is illegal, not only identify a work.
• Disputes. The DMCA has a counter-notice and a restore window. The DSA relies on the platform's complaint system.
• Jurisdiction. The US counter-notice requires consent to a US court. Other systems do not.

How to prepare

A few habits make notices work across regions:

• Keep proof of ownership and licences ready, with the territories they cover. Rights can differ by country.
• Record where the host is based and the contact route it publishes.
• Write the notice so that it works for both: the exact URL, the work, a clear reason and the sender's details.
• Capture the page and keep dated evidence.
• Follow the reply and escalate to the provider behind the host if there is no action. See where pirated video lives for the layers involved.

Search engines

Search engines run their own removal forms for copyright. A removal request there hides a link from results without deleting the file. It works alongside notices to hosts, not instead of them. See our search delisting guide.