Review article
https://doi.org/10.54070/hljk.31.2.3
Criminal Law Effects of the Digital Services Act
Ivan Glavić
; Županijsko državno odvjetništvo u Zagrebu
*
* Corresponding author.
Abstract
The paper analyses the provisions of the Digital Services Act on orders to act against illegal content and to provide information, issued to providers of intermediary services if the content represents a criminal offence. An overview is given of the provisions of the mentioned EU regulation, which refer to the obligation of providers of hosting services to notify the competent law enforcement or judicial authorities of suspicions of a criminal offence involving a threat to the life and safety of persons. Emphasis is placed on the correlation of the mentioned parts of the Digital Services Act with other sources of EU law, as well as the existing legal systems of Croatia and other EU Member States on the detection and prosecution of perpetrators of criminal offences and the obligation to report a crime. The results of the paper indicate that the Digital Services Act represents a legal basis for preventing further crimes, protecting victims and detecting perpetrators of obvious criminal offences on the internet, regardless of the location of the provider of the intermediary services, but under the condition of ensuring in the implementing law the effective exchange of information between law enforcement and judicial authorities and the order issuer and/or the national coordinator for digital services. The criminal responsibility of the provider of hosting services and its responsible persons for a violation of the obligation to report criminal offences involving a threat to the life and safety of persons is theoretically possible, but difficult to achieve in practice.
Keywords
Hrčak ID:
328342
URI
Publication date:
4.12.2024.
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