Illegal Content Reports (DSA)

Scope

Kotao hosts online shops and content of its customers (merchants) and in this respect is a hosting service within the meaning of Art. 6 of Regulation (EU) 2022/2065 (Digital Services Act, “DSA”). This page describes the notice-and-action mechanism under Art. 16 DSA and the points of contact under Art. 11 and 12 DSA. Kotao is under no general obligation to monitor the content its merchants upload (Art. 8 DSA).

Points of Contact

• For Member State authorities, the Commission, and the Board (Art. 11 DSA): legal@kotao.com
• For recipients of the service (Art. 12 DSA): abuse@kotao.com
• Languages: German and English

Reporting Illegal Content (Art. 16 DSA)

Any individual or entity may electronically report content they consider illegal that is disseminated through shops hosted by Kotao: by email to abuse@kotao.com with the subject Content report. So the notice can be processed, it should contain:

• a sufficiently substantiated explanation of why the content is considered illegal,
• the exact URL (or URLs) of the content concerned and, where necessary, additional information enabling its identification,
• the name and email address of the reporting individual or entity — except for content involving offences under Art. 3–7 of Directive 2011/93/EU,
• a statement confirming the bona fide belief that the information in the notice is accurate and complete.

Procedure

Kotao confirms receipt of the notice without undue delay, reviews it in a timely, diligent, non-arbitrary, and objective manner, and notifies the reporting party of its decision, including information on available redress. Where content is removed or access is restricted, the merchant concerned receives a statement of reasons under Art. 17 DSA; restrictions and suspensions are additionally governed by the section “Restriction and Suspension of the Services” of the Terms of Service. Content that gives rise to a suspicion of a criminal offence involving a threat to the life or safety of persons is reported to the competent authorities under Art. 18 DSA.

Abusive Notices

Where individuals or entities frequently submit manifestly unfounded notices, Kotao may, after prior warning, suspend the processing of further notices for a reasonable period (Art. 23(2) DSA).

Redress

The right to seek judicial redress remains unaffected for all parties. Complaints about decisions under this procedure may be addressed to legal@kotao.com; for merchants, the “Complaints” section of the Terms of Service additionally applies.