With the entry into force of the Digital Services Act (DSA) in 2022, a new status was introduced for entities that fight illegal content online and stand out for doing so in the most efficient and effective way.
Trusted Flaggers are entities (generally organisations, associations, public or semi-public bodies, not individuals) that are granted a special status. This status is awarded by the Digital Services Coordinator of the Member State in which the entity is established. To obtain this status, prospective Trusted Flaggers must demonstrate:
- Specific expertise – Established experience and ability in detecting, identifying and notifying illegal content in a given area
- Independence – They must operate independently of online platforms
- Diligence, accuracy and objectivity – They must have a track record of precise and well-reasoned notices, keeping errors to a minimum.
The main feature and advantage of holding the Trusted Flagger role is that their notices must be handled with priority by online platforms (all online platforms, including Very Large Online Platforms). This means that these platforms must process and decide on notices without undue delay, and inform the trusted flagger of the decision taken on the notice and of any action taken.
In any case, the obligations do not fall only on the platforms; on the contrary, the recognition of this status entails numerous obligations, including:
- Providing precise notices, sufficiently substantiated and specific, enabling the platform to take an informed decision;
- Clearly stating why they consider the content to be illegal;
- Publishing transparent reports at least once a year on their notification activity.
The introduction of this special notification mechanism aims to increase the efficiency and speed with which platforms remove unlawful content, to exploit the proven effectiveness of certain organisations in the content moderation process and to reduce the burden on platforms which, before the Trusted Flagger figure was introduced, often had to distinguish between accurate/relevant notices and less accurate ones.
It is important to point out that Trusted Flagger status does not confer the power to decide autonomously what is illegal and/or to impose removal. The final decision always rests with the platform (which must act in accordance with the law and its own terms of service) and, ultimately, with the judicial authority. Their role is “simply” that of a privileged and particularly reliable source.
In short, Trusted Flaggers act as a "qualified filter" that helps platforms identify and act more quickly on illegal content, helping to create a safer online environment, as envisaged by the DSA, without replacing the responsibilities of the platforms themselves or of the authorities.
In January 2025, Argo Business Solutions became the first Italian entity to officially obtain this prestigious recognition. Thanks to our proven experience in the field of intellectual property protection, and having demonstrated that we meet the requirements of specific expertise, independence and diligence, we were able to join the list of Trusted Flaggers provided by the European Commission (link).
This appointment is a source of great pride for us at Argo, as it recognises the work done over the years and, at the same time, is a new motivation to push ourselves to be even more precise and effective. After all, as Stan Lee wrote in the panels of his famous Spider-Man comic, “[…] With great power comes great responsibility […]”.
For more information on our services, do not hesitate to contact us via the contact form or write directly to: info@argobs.com.