Points of contact and reporting procedure under the Digital Services Act

Last updated: Darkmatter IT, Massing

https://cp.mam-jahn.de/dsa-kontakt

Report illegal content
Contents 9

This is a courtesy translation. Only the German version is legally binding.

As a provider of hosting services, Darkmatter IT (sole proprietorship), brand “MAM-JAHN”, names here the points of contact under Art. 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act, DSA) and describes the procedure for reporting illegal content (Art. 16), for giving reasons for measures (Art. 17) and for legal remedies (Art. 20 and 21). For orders to remove terrorist content, the page https://mam-jahn.de/terroristische-inhalte/ additionally applies.

The authorities of the Member States, the European Commission and the European Board for Digital Services can reach us at support@mam-jahn.de. Communication is possible in German and English. Please mark the request in the subject line as “DSA authority” so that we can handle it with priority.

Users of our services can reach us directly and quickly at support@mam-jahn.de or by phone at +49 1525 7859999. Communication is possible in German and English. The point of contact is staffed by people, not only by automated tools.

Reporting illegal content (Art. 16)

(1) If illegal content is stored on a service hosted by us, please report it via the report form at https://mam-jahn.de/dsa or by email to support@mam-jahn.de (subject: “DSA Meldung”).

(2) So that we can examine the report, please include:

  • a sufficiently substantiated explanation of why you consider the information to be illegal
  • the exact location, e.g. the exact URL or IP address and, where necessary, further information to identify the content
  • your name and email address; this does not apply to information on the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (depictions of child sexual abuse and others)
  • the statement that you believe in good faith that the information in the report is accurate and complete.

(3) We confirm receipt if you have given your email address, examine the report carefully and objectively and tell you our decision together with information on the available legal remedies.

(4) We block content involving child and youth pornography immediately and report it to the law enforcement authorities.

(1) If we restrict a service or content of a user, for example by removing or blocking content, blocking or terminating a service or blocking the customer account, we give the user concerned a clear and specific statement of reasons at the latest at the time of the restriction.

(2) The statement of reasons contains, as far as the law requires: the type of measure and its scope and duration, the facts and circumstances on which the decision is based (including whether it rests on a report, an order from an authority or our own findings), the legal basis or the violation of our Terms and Conditions (https://mam-jahn.de/agb/) and the acceptable use policy (https://mam-jahn.de/nutzungsrichtlinie/), and a reference to the legal remedies under the following section.

(3) We do not need to give reasons where the law prevents us from doing so, for example because of an order from an authority or ongoing investigations.

(1) If you disagree with a decision of ours, you can lodge a reasoned complaint within six months of notification of the decision, insofar as Art. 20 DSA applies to us. Send the complaint to support@mam-jahn.de (subject: “DSA Beschwerde”). We examine it under human supervision, tell you the result and reverse the measure if the complaint is well founded.

(2) Independently of this, you can turn to a dispute settlement body certified under Art. 21 DSA. A list of these bodies is kept by the European Commission; the Bundesnetzagentur as Digital Services Coordinator for Germany can also provide information. We are neither obliged nor willing to take part in consumer arbitration proceedings under the VSBG (see legal notice).

(3) Legal recourse to the courts is always open to you. You can also direct complaints about our conduct to the Digital Services Coordinator (Bundesnetzagentur).

If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we promptly inform the law enforcement or judicial authorities of the Member State concerned and provide them with all available information.

What data we process in connection with reports is set out in the privacy policy (https://mam-jahn.de/datenschutz/), § 9 (“Reports of illegal content”).