The Order is issued on the basis of a draft Act on the regulation of social media, which is notified together with this Order. Reference is made to the draft Act.
Communication platforms, including dating services and gaming services, defined as online platforms, which, for the purpose of profit, offer visitors the opportunity to create a profile and explore other profiles, and whose main function is to enable users of the platform to connect and share messages or presentations containing content in characters, words, sounds, images, video or in writing. The closed groups of these communication platforms which allow fewer than 5,000 users are exempt from certain provisions of the draft Act.
Group messaging service, defined as an online service, which, for the purpose of profit, offers the visitor the opportunity to create a profile and share messages or presentations containing content in characters, words, sounds, images, video or in writing, via direct messages in a group chat, where the sender can add or accept other users as a prerequisite to participate in the group chat, or where the sender can grant these rights to an administrator.
Order on the regulation of social media
Section 11(3), section 13 and section 15(2) and (3) of the Order make use of the legal basis in the draft Act regulating social media to lay down rules
- that anyone can report on the service provider’s failure to comply with sections 4-7 of the legislative proposal;
- that the Danish Competition and Consumer Authority is not obliged to initiate proceedings on the basis of all the reports it receives;
- that the submission of the transparency report pursuant to section 8(1) of the draft Act must be made on virk.dk; and
- that compliance with the obligation on the service provider to register with the Danish Competition and Consumer Authority must be done by providing a number of items of information mentioned in the Order.