Report illegal content

Last updated: [TO BE COMPLETED: publication date].

This page describes the procedure allowing any user to notify ProMastro of allegedly illegal content published on the website promastro.be (the “Site“).

It is implemented pursuant to Article 16 of Regulation (EU) 2022/2065 of 19 October 2022 on digital services (the “Digital Services Act” / DSA), Article XII.19 of the Belgian Code of Economic Law (CDE) and, more broadly, the duty of care incumbent on any online hosting provider.

1. What is “illegal” content within the meaning of the DSA?

Within the meaning of the DSA Regulation (Art. 3(h)), illegal content means any information that, in itself or in relation to an activity, is not in compliance with Union law or the national law of a Member State, irrespective of its precise subject matter or the nature of that violation.

Without prejudice to the final legal characterisation, the following content is typically eligible for notification:

• Harm to persons: insults, defamation, harassment, incitement to hatred, threats;
• Infringement of rights: counterfeiting (text, photo, logo), violation of image rights, disclosure of personal data;
• Fraud and consumer harm: impersonation of a Pro, fake VAT number, fake certifications, fake insurance, organised fake reviews, unfair commercial practices (Art. VI.97 CDE);
• Manifestly illegal content: glorification of crime, child sexual abuse material, incitement to terrorism, violation of human dignity;
• Serious professional misconduct: documented undeclared work, illegal practice of a regulated profession, repeated fraud documented by substantiated complaints.

Note: a merely negative review, a commercial disagreement or a subjective bad experience are not in themselves illegal content. For such cases, please use the “Report a review” button on the Pro’s listing instead, or contact customer service (contact@promastro.be) — see the moderation charter.

2. How to report illegal content?

2.1 Via the “Report” button available on the Site (recommended)

Each professional listing, each review and each message has a “Report” button that opens a form pre-filled with the URL of the content and its internal identifier. This form is the fastest route.

2.2 By email to the dedicated address

For cases requiring detailed arguments or attachments (screenshots, judgments, administrative decisions):

📧 contact@promastro.be — subject: “DSA Art. 16 report — [type of content]”

2.3 By post

For formal reports by a public authority, authorised representative or rights holder:

ProMastro — Mr Dennys Pillitteri
Chaussée d’Alsemberg 854
1420 Braine-l’Alleud (Belgium)
Subject line: “Report of illegal content — DSA Art. 16”

3. What must the report contain?

In accordance with Article 16 § 2 of the DSA, the report must be sufficiently precise and substantiated. The following are required in particular:

An insufficiently substantiated report may be subject to a request for additional information or be dismissed without further action, with the notifier being informed.

4. What happens after the report?

1. Acknowledgement of receipt — ProMastro sends the notifier an acknowledgement of receipt of the report (by email if an address has been provided), without undue delay (Art. 16 § 4 DSA).
2. Review — the report is examined by ProMastro’s moderation team, relying where appropriate on external legal advice for complex cases. ProMastro applies the following principles: diligence, non-arbitrariness, objectivity, due regard for freedom of expression and the rights of the recipient of the content.
3. Possible interim measure — in the case of manifestly illegal content or content presenting imminent danger, the content may be removed or made inaccessible as an interim measure before the full review.
4. Reasoned decision — ProMastro adopts a reasoned decision within the meaning of Article 17 of the DSA, which may consist of:
   • Keeping the content online (unfounded report);
   • Removing the content or taking it offline;
   • Hiding the content or restricting its visibility (e.g. unpublishing a listing, removing a review, suspending the account);
   • A request for modification addressed to the author of the content (e.g. removal of a third party’s personal data).
5. Notification to the notifier and the author — the decision and its reasons are communicated to the notifier and to the author of the content concerned, with details of the available means of redress (see § 5).
6. Indicative timeframe — ProMastro endeavours to process each report within a useful timeframe: 24 to 72 hours for manifestly illegal or urgent cases, and up to 7 working days for complex cases.

5. Means of redress

5.1 Internal complaint (free of charge)

In accordance with Article 20 of the DSA, any decision (removal, hiding, suspension, or keeping content online despite a report) may be subject to an internal complaint:

• Time limit to lodge a complaint: 6 months from notification of the decision;
• How: email to contact@promastro.be with the subject line “Appeal against moderation decision” and the reference of the contested decision;
• Review: the complaint is re-examined by a human moderator different from the one who issued the initial decision, within an indicative period of 14 working days;
• Outcome: confirmation, reversal or amendment of the decision, reasoned and notified.

5.2 Out-of-court redress (dispute settlement body)

In accordance with Article 21 of the DSA, the notifier or the author of the content may, following the internal complaint (or in the absence of a response within a reasonable time), refer the matter to a certified out-of-court dispute settlement body, the list of which is kept up to date by the Belgian Digital Services Coordinator (to be confirmed according to the official designation).

In B2C consumer matters, consumers may also contact the Consumer Mediation Service via consumerconnect.be.

5.3 Judicial redress

Without prejudice to the foregoing, you retain the right to bring proceedings before the competent Belgian courts as provided in the Terms of Use (see Terms of Use Art. 13).

6. Abusive reporting and good faith

In accordance with Article 23 of the DSA, ProMastro may suspend, for a reasonable period and after issuing a warning, the processing of reports submitted by persons who frequently submit manifestly unfounded reports. The measure shall be proportionate and reasoned.

An abusive report (false, vexatious, or made for purposes of unfair competition) may also give rise to the civil liability of the notifier.

7. Trusted flaggers

In accordance with Article 22 of the DSA, ProMastro will give priority treatment to reports submitted by trusted flaggers certified by the Belgian Digital Services Coordinator. The list of trusted flaggers will be published on this page once it has been established by the competent authorities.

8. Cooperation with the authorities

ProMastro cooperates with the Belgian and European judicial, administrative and data protection authorities, in accordance with Articles 9 and 10 of the DSA (orders to act against illegal content and to provide information), the Belgian Act of 11 March 2003 on certain legal aspects of information society services, and the GDPR.

Judicial requests should be addressed to: contact@promastro.be with the subject “Judicial request — ProMastro” or by post to the publisher’s registered office (see legal notice).

9. Transparency

ProMastro will publish, as soon as the volume of reports warrants it, an annual transparency report in accordance with Article 15 of the DSA. This report will include in particular:

• The total number of reports received, broken down by type of illegal content;
• The number of decisions taken and their nature (removal, retention, hiding);
• The median processing times;
• The number of internal complaints lodged and their outcome.

10. Protection of personal data in reports

Personal data provided in the context of a report (identity of the notifier, of the third party concerned, content of the report and its attachments) are processed by ProMastro as data controller, on the legal basis of legal obligation (Art. 6.1.c GDPR — performance of the obligations under the DSA and Art. XII.19 CDE) and of legitimate interest (Art. 6.1.f GDPR — safeguarding the security and compliance of the Site).

These data are retained for 3 years from the final decision (including complaints), or longer if judicial proceedings are ongoing. The identity of the notifier is never disclosed to the author of the reported content, except where required by an overriding legal obligation.

All GDPR rights (access, rectification, erasure, objection) remain exercisable in accordance with the arrangements described in the privacy policy.

11. Changes to this procedure

This procedure may be adapted to take account of developments in the DSA, decisions of the competent authorities or moderation practice. Substantial changes are published on this page with an indication of the date.

12. Contact

📧 contact@promastro.be — subject: “DSA Art. 16 report”

See also: moderation charter · terms of use · privacy policy