KataBump Compliance
FR

Reporting and complaints (DSA)

How to report illegal content, appeal a moderation decision, and contact us under the DSA.

In force Last updated:

The French version of this document is the official and legally binding version. This English translation is provided for convenience only.

Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services (the Digital Services Act, or DSA) places transparency and notice-handling obligations on hosting service providers. This document sets out how the KATABUMP Association meets them: how to report content you believe to be illegal, how to challenge a decision we have taken, and how to reach us.

It supplements the terms and conditions of use and the acceptable use policy; it does not replace them.

1. Our role under the DSA

The KATABUMP Association provides a hosting service within the meaning of Article 3(g)(iii) of the DSA: we store, at our users' request, the code and data they upload, and we operate the kdns.fr second-level domain name service.

We carry out no systematic prior review of the content our users host or make accessible, in accordance with Article 8 of our terms and conditions of use and Article 8 of the DSA. We act only from the moment we obtain actual knowledge of manifestly illegal content.

The Association is not an online platform within the meaning of Article 3(i) of the DSA: we do not disseminate to the public the information our users store with us. The obligations specific to online platforms therefore do not apply to us.

Transparency reports

The Association is a micro enterprise within the meaning of Recommendation 2003/361/EC. On that basis it is exempt from the transparency reporting obligations of Article 15 of the DSA, under Article 19 of that same Regulation. This exemption would cease to apply were the Association to exceed those thresholds.

2. Points of contact

2.1 Point of contact for authorities (Article 11)

Member State authorities, the European Commission and the European Board for Digital Services may reach us electronically at contact.chy72@alias.katabump.eu, or by post at the Association's registered office given in the legal notice.

The languages of communication we accept are French and English.

2.2 Point of contact for users (Article 12)

Users of the service can reach us directly, without going through an automated intermediary, at the following addresses:

2.3 Legal representative

The Association is established in France, within the European Union. It is therefore not required to designate a legal representative under Article 13 of the DSA.

3. Reporting illegal content (Article 16)

Anyone, whether or not they use our services, may report content they believe to be illegal by e-mail at contact.chy72@alias.katabump.eu. That is the channel to use for any content hosted on our services.

The signalement.kdns.fr form is reserved for domain names registered under the kdns.fr extension, in accordance with Article 16.4 of the terms and conditions of use. It does not handle reports about any other content: those must be sent to the e-mail address above.

3.1 What a notice must contain

For us to act on a notice, and for it to give rise to actual knowledge within the meaning of Article 16(3) of the DSA, it must include:

  • a sufficiently substantiated explanation of the reasons why you consider the content to be illegal;
  • a clear indication of the exact location of the content: the URL or the kdns.fr domain name concerned, and any additional information allowing it to be identified;
  • your name and e-mail address, unless the notice concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU, in which case it may be anonymous;
  • a statement confirming your good faith belief that the information and allegations contained in the notice are accurate and complete.

3.2 How we handle it

  • We acknowledge receipt of the notice without undue delay, provided you have given us an e-mail address.
  • We review the notice in a diligent, non-arbitrary and objective manner. The review is carried out by a member of the Association's staff; we do not rely on fully automated processing to decide what action to take.
  • We notify you of our decision and of the redress available against it.
  • Where content or a domain name is manifestly illegal under French or Union law, we suspend, disable or delete it immediately and without notice, in accordance with Article 16.1 of the terms and conditions of use.

3.3 Measures we may take

  • removal of, disabling of, or restriction of access to the reported content;
  • suspension or deletion of the kdns.fr domain name concerned;
  • suspension or termination of the hosted service;
  • suspension or closure of the account concerned;
  • reporting to the competent authorities where the law so requires.

4. Statement of reasons (Article 17)

Where we restrict access to content, or suspend a domain name, a service or an account, we provide the user concerned with a clear and specific statement of reasons setting out:

  • the nature of the restriction applied and, where relevant, its territorial scope and duration;
  • the facts and circumstances the decision relies on, including whether it was taken following a notice or an order from an authority;
  • whether automated means were used in taking the decision;
  • the contractual or legal ground relied on, and the reasons why the content is considered incompatible with it;
  • the redress available against the decision.

This statement of reasons is not provided where the law prevents us from doing so, in particular where an authority asks us not to inform the user, or where we hold no electronic contact details for them.

5. Challenging a decision (Article 20)

Anyone who is the addressee of a restriction decision, as well as anyone whose notice did not result in action, may lodge a complaint with us electronically at contact.chy72@alias.katabump.eu for a period of six months from the notification of the decision.

This internal complaint-handling is free of charge. We undertake to:

  • handle complaints in a timely, non-discriminatory, diligent and non-arbitrary manner;
  • have them reviewed by a person other than the one who took the original decision, under the supervision of a member of the Association's board;
  • not decide solely on the basis of automated processing;
  • reverse our decision without delay where the complaint is well-founded, and inform you of the outcome in every case, including the out-of-court dispute settlement options available.

6. Out-of-court dispute settlement (Article 21)

If you are not satisfied with the outcome of your complaint, you may refer the matter to an out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State. In France, the Digital Services Coordinator is the Autorité de régulation de la communication audiovisuelle et numérique (Arcom).

The list of certified bodies is maintained by the European Commission. A decision of such a body is not binding on the parties. This route does not deprive you of any judicial remedy: you remain free to bring proceedings before the competent courts at any time, on the terms set out in Article 2 of the terms and conditions of use.

7. Trusted flaggers (Article 22)

Notices submitted by entities awarded trusted flagger status by the Digital Services Coordinator of a Member State, acting within their designated area of expertise, are given priority and processed without undue delay. Such entities are invited to send their notices to contact.chy72@alias.katabump.eu, stating their status and the authority that awarded it.

8. Measures against misuse (Article 23)

After having issued a prior warning, we suspend, for a reasonable period of time, the provision of our services to users that frequently provide manifestly illegal content.

On the same terms, we suspend the processing of notices and complaints submitted by individuals or entities that frequently submit notices or complaints that are manifestly unfounded.

In assessing whether conduct amounts to misuse, we take into account, on a case-by-case basis, the number of items of content or notices concerned, their proportion of the total, the gravity of the misuse and its consequences, and, where it can be established, the intention of the person responsible.

9. Orders from authorities (Articles 9 and 10)

We act upon orders to act against illegal content and orders to provide information issued by the competent national judicial or administrative authorities, on the terms set out in Articles 9 and 10 of the DSA. We inform the issuing authority of the effect given to the order, and the user concerned of the order received and the effect given to it, at the latest when the measure takes effect, except where the law or the authority prevents us from doing so.

Requests from an authority of a country outside the European Union are handled in accordance with Article 16.7 of the terms and conditions of use, and in particular with French Law No. 68-678 of 26 July 1968.

10. Contact

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