Designation of first Dutch trusted flagger under DSA is near

The Netherlands Authority for Consumers and Markets (ACM) is working full steam ahead with processing the first applications for the status of trusted flagger under the Digital Services Act (DSA). Trusted flaggers are organizations that file notices about illegal online content, which must be treated with priority and without undue delay by online platforms. On May 19, the first draft decision was published. This first decision concerns Offlimits, a Dutch foundation that fights sexual harassment and sexual abuse online (including that of children). After the six-week public consultation, the definitive decision will follow. If given the green light by ACM, Offlimits will be the very first Dutch trusted flagger. So far, four other organizations have also filed applications with ACM for the status of trusted flagger.

Since February 4, ACM has been officially authorized to enforce the DSA, which is the European law aimed at making the internet safer and fairer. One of the regulator’s powers is granting the status of trusted flaggers. These “flaggers” are organizations that notify any illegal content they find online to the relevant platforms.

Manon Leijten, Member of the Board of ACM, adds: “What is illegal offline must also be illegal online. The DSA does not determine what kind of information is illegal on the internet – that is determined by other laws such as criminal law, privacy law, or consumer protection law. The DSA does ensure that online service providers need to take accountability for how they handle the content on their platforms. Trusted flaggers play an important in that context. If Offlimits is granted the status of trusted flagger, it can do its work even more effectively.”

What are trusted flaggers?

Trusted flaggers are certified organizations that identify and notify illegal online content to online platforms, including social media and online marketplaces. They are often focused on a specific type of content, for example, illegal products, terrorist content, or sexual harassment (such as in the case of Offlimits). Online platforms are required to prioritize notices from trusted flaggers. However, this does not necessarily mean that the notified content needs to be removed straight away. The platform assesses each notice separately, and may come to a different conclusion.

Only organizations that are located in the Netherlands can be granted the status of trusted flagger by ACM. ACM assesses applications on different aspects. For example, organizations have to have demonstrable expertise and competence. They also have to make the notices in a diligent, accurate and objective manner. In addition, they are independent from providers of online platforms. Examples are NGOs, hotlines, and trade associations. Individuals cannot be granted this status. However, they can still notify illegal content, but the difference with trusted flaggers is that the notices from the latter are given priority.

Procedure

As part of the uniform public preparatory procedure, ACM publishes the draft decision and the thereto-related documents on its website for public consultation. Any opinions regarding the draft decision can be submitted to ACM until six weeks after publication. These opinions will be taken into account when finalizing the decision.

So far, four other organizations have also submitted applications with ACM for the status of trusted flagger. Organizations that also wish to file an application can do so through ACM’s website. Organizations that are granted the status of trusted flagger will also be added to the register of the European Commission.

See also

• Trusted flaggers
• Trusted flaggers under the Digital Services Act (DSA) | Shaping Europe’s digital future

More in this case

• 19-5-2025 Public consultation of draft decision designating the status of trusted flagger to Stichting Offlimits (in Dutch)