info@edsr.eu
TCOR Legal Representative
EDSR provides high-quality legal representative services pursuant to Article 17 of the Regulation on addressing the dissemination of terrorist content online (TCOR)
The TCOR has entered into force and has been applicable since 7 June 2022 with significant implications for hosting service providers.
Pursuant to article 17 of the TCOR, a hosting service provider (meaning a provider of services as defined in point (b) of Article 1 of Directive (EU) 2015/1535), disseminating information to the public, offering services in the EU, has to appoint a Legal Representative in the EU, unless its main establishment is in the EU (head office or registered office of the hosting service provider within which the principal financial functions and operational control are exercised).
Non-compliance with the law can result in fines up to 4% of the hosting service provider’s global turnover of the preceding business year, as well as damage to a company’s reputation. It is crucial for companies to comply with the TCOR requirements to avoid any legal or financial consequences.
Contact us now for more information about the Legal Representative.
Do you need to appoint a
TCOR Legal Representative in the EU?
You are a hosting services provider located outside the EU;- You don’t have your main establishment in the EU;
- You offer your services in the EU.
You are a hosting services provider located outside the EU;What is the TCOR all about?
What is the TCOR?
The Regulation on addressing the dissemination of terrorist content online (TCOR) addresses the misuse of hosting services for terrorist purposes, contributing to public security across the Union. In accordance with the Regulation, any identified terrorist content must be promptly removed within one hour on online platforms that provide services within the EU. The Regulation incorporates robust safeguards to ensure the full protection of freedom of expression and information.
What is the role of the legal representative?
The legal representative of hosting service providers ensures effective communication with Member States’ competent authorities, including receiving, complying with, and enforcing removal orders and decisions related to the TCOR. Hosting service providers must equip their legal representative with the necessary powers and resources for efficient cooperation and to comply with such orders and decisions.
While this role doesn’t create an establishment in the EU, designating a legal representative confers jurisdiction to the Member State where the representative is located. In cases where providers do not designate a legal representative, jurisdiction lies with all Member States.
How should the legal representative be designated?
The legal representative of hosting service providers must be designated in writing. Hosting service providers must notify the competent authority in the relevant Member State where its representative is established, ensuring the information is publicly available.
Who does the TCOR apply to?
The TCOR applies to hosting service providers offering their services in the Union, irrespective of their main establishment, insofar as they disseminate information to the public.
What are hosting service providers?
Hosting service providers means a provider of services as defined in point (b) of Article 1 of Directive 2015/1535. According to this directive, a ‘service’ encompasses any Information Society service, i.e., any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.
The TCOR expands that a hosting service provider stores information provided by and at the request of a content provider. In this context, a content provider refers to a user who has supplied information that is, or has been, stored and made available to the public by the hosting service provider.
Are there any exceptions to what is considered terrorist content under the TCOR?
Content disseminated to the public for educational, journalistic, artistic, or research purposes, as well as for the explicit goal of preventing or countering terrorism, including material that embodies expressions of polemic or controversial views within the realm of public debate, shall not be classified as terrorist content. An evaluation will ascertain the genuine intent behind such dissemination and whether the material aligns with the specified purposes.