Trusted flaggers
The status of trusted flagger enables notices of allegedly illegal content submitted to the online platforms to be given priority and processed without undue delay.
In Luxembourg, this status is awarded, upon request, by the Competition Authority, as the national coordinator for digital services.
Who is concerned?
Trusted flaggers
Trusted flaggers are organisations recognised for their expertise in the detection, identification and reporting of illegal content, in one or more areas.
They may be public entities, non-governmental organisations and private or semi-public bodies, industrial federations, trade associations, members of fact-checkers, trade unions, or networks or alliances of national or European entities.
Medium-sized and large online platforms
Providers of medium-sized or large online platforms must fulfil the obligations below with regard to trusted flaggers.
Competition Authority
The Competition Authority entrusts the analysis of requests to its Online Platforms Department, which will check compliance with the prerequisites before awarding the status of trusted flagger.
The Competition Authority can revoke trusted flagger status if it finds that the entity no longer meets the necessary prerequisites.
What are the prerequisites?
To obtain this status, trusted flaggers must prove:
- particular expertise and competence in detecting, identifying and reporting allegedly illegal content;
- independence from any online platform providers;
- the diligent, precise and objective exercise of their activities;
- their establishment in Luxembourg.
Role of trusted flagger
The role of the trusted flagger is to:
- analyse whether content is likely to be illegal under Luxembourg or European legislation (depending on the field of expertise entrusted to it*);
- submit reports of allegedly illegal content to the online platforms;
- publish a detailed annual report, including information on the flags submitted, the type of illegal content reported and the measures taken by the online platforms.
Obligations of online platforms
Online platforms have an obligation to handle reports from trusted flaggers as a priority.
They decide on the appropriate measures to be taken without undue delay.
If they agree with the trusted flagger's analysis, they must act on the allegedly illegal content in accordance with their terms and conditions (access removed or disabled) and the laws in force.
User redress
Users of online platforms can contest the online platform's decision:
- via the platform's internal complaint-handling mechanism;
- by an out-of-court dispute settlement or
- by judicial act.
Designated trusted flaggers
| Trusted flagger | Areas of expertise |
|---|---|
| BEE SECURE (Caritas - Jeunes et Familles A.s.b.l. - entité Kanner-Jugendtelefon) | In particular, offences against minors, racism, discrimination and illegal hate speech, revisionism, public security risk, certain data protection and privacy breaches |
List of designated trusted flaggers in the EU
The European Commission keeps an up-to-date list of all designated trusted flaggers within the European Union.
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