1. What is a “Report an abuse” process?
This constitutes placing on all pages of your hosting service, a link to an alert form allowing everyone to contact you. In order to properly fulfill this obligation, it is recommended to leave this link accessible without signing in or prior registration on your site.
These alerts must be handled by a service that is specially trained to take the appropriate measures in a timely manner as have been defined by case law. This process is to be implemented right from the launch of your service. The “report an abuse” process is not just a technical procedure, it also includes a whole organisational component that should not be neglected.
In addition, remember that the Avia Law, currently under discussion in the French Senate, reinforces the importance of the reporting process and the obligations attached to it for some stakeholders. For example, social media platforms and search engines must remove obviously illicit content within 24 hours of them being reported. These various regulatory issues must be taken into account by your organisation when it establishes a process for reporting obviously illicit content.
2. Why set up a “report an abuse” procedure?
In you offer via a connected platform, to host content created and put online by your clients or members, you can claim the legal status of being a content host which is more advantageous than that of content editor, the latter bearing civil and criminal liability for the entirety of the content on its platform.
To do this, you must comply with the requirements of the European Directive 2000/31 / EC known as the eCommerce Directive (subject to ongoing revision discussions) or national regulations such as the German Network Enforcement Act 2018 (NetzDG) or the French Trust in Digital Economy Act (LCEN) 2004.
This regulation specifically requires the establishment of an alert and escalation procedure to report obviously illegal content on your connected platform so that you are considered a content host.
3. LegalUP Consulting’s Service
LegalUP Consulting offers to help you set up such a process, by drafting the alert form, training of the team in charge of processing these reports, implementing obligations 24/7 etc. …
This procedure can vary greatly from one organisation to another and requires specific advice, drafting of documentation as well as training.
LegalUP offers you the legal expertise of a law firm associated with the over 20 years business experience of its members.
Our support adapts to your needs by covering the whole implementation of the process or simply training your team in charge of processing these reports.
LegalUP Consulting’s service is delivered in three stages, with three calls (telephone or video-conference) allowing a personalised execution adapted to your needs:
First of all, we invite you to book an appointment for an initial call of 15 minutes. Appointments are made via an online calendar which you can access by clicking on the button at the bottom of the page. During this first call, we will present the service offered by the firm, we’ll specify the first documents to send us for the smooth running of the service, and we’ll set a cost estimation that will be confirmed in writing as soon as possible.
We will also take advantage to respond to any eventual questions you may have about the service.
Following the first call, we will send you a quote, a link to make the payment and a letter of commitment that you must return signed by email. Upon receipt of the letter of commitment and confirmation of payment, we will start processing your request. To do this, a second call of 30 minutes will allow us to identify the specific needs of your organisation to deliver a tailor-made service. You may also book an appointment for this second call online, by clicking on the button at the bottom of this page, or via the link we will send you by email following our first call.
3 working days (flexible period defined by the parties in the case of complex requests) after the second call, we will get back to you via email for the execution of the service. You will also receive a link simultaneously which will enable you book an appointment for a third call of 15 minutes during which we will present you the result of our work in a detailed way and will submit you personalised recommendations.