The Netherlands Authority for Consumers and Markets (ACM) is advancing the process to designate the first trusted flagger under the Digital Services Act (DSA). A draft decision has been published, proposing to award this status to Stichting Offlimits, an organization dedicated to combating online sexual harassment and abuse.

Trusted flaggers are organizations that report illegal online content to platforms, which must prioritize these notifications. The draft decision regarding Offlimits is currently open for public consultation, and a final decision will be made after six weeks. If approved, Offlimits will be the first organization in the Netherlands to receive this designation.

Since February 4, ACM has been empowered to enforce the DSA, which aims to enhance online safety and accountability. The DSA does not define illegal content; that is determined by existing laws. However, it mandates that online service providers must be accountable for their content management practices, with trusted flaggers playing a crucial role in this oversight.

Trusted flaggers are certified entities that focus on specific types of illegal content, such as illegal products or terrorist material. They are required to operate independently from online platform providers and must demonstrate expertise and objectivity in their reporting. While individuals can report illegal content, notices from trusted flaggers are prioritized by online platforms.

ACM's procedure includes a public consultation phase where opinions on the draft decision can be submitted. Four other organizations have also applied for trusted flagger status, and those granted this designation will be listed in the European Commission's register.