Digital Services Act ('DSA')
A secure, fair and trustworthy online environment is very important for us, Dr. Ing. h.c. F. Porsche AG and Porsche Sales & Marketplace GmbH ('Porsche', 'we'). We would therefore like to inform users of our intermediary services in accordance with Article 3(g) DSA as follows:
The DSA is a new EU law designed to ensure greater security and fairness in the digital environment.
Our central contact point for users of our intermediary services, as well as authorities of the Member States, the Commission, and the body referred to in Article 61 of the DSA regarding DSA matters, is the following email address: dsa@porsche.de. Communication with us can be in German or English.
Individuals and entities may report information about content they consider to be illegal in the context of our hosting services – including online platforms – by sending an email to dsa@porsche.de.
The following legally required elements must be communicated in the reports:
A duly substantiated explanation as to why the information in question is considered to be illegal content;
A clear indication of the precise electronic storage location of this information, such as the specific URL address(es) or, where necessary, other information relevant to the nature of the content and the specific type of service for identifying the illegal content;
Names and email addresses of the person making the report, unless the information is likely to relate to an offence referred to in Articles 3 to 7 of Directive 2011/93/EU (offences related to sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes and incitement, aiding and abetting or attempting to commit any of the above);
A statement that the reporting person has a good faith belief that the information and allegations contained in the report are accurate and complete.
We will promptly notify the reporting person of our decision regarding the reported information and of any legal remedies available against the decision.
We reserve the right to restrict content, information or accounts of users of our brokerage services if we suspect that users have violated applicable laws or our general terms and conditions of use ('Policies') for the respective brokerage service.
For example, we can
partially or completely restrict the visibility of user content or partially or completely delete user content,
block access to user content,
suspend or terminate the provision of our services to users in whole or in part,
suspend or close the user account,
limit or terminate monetary payments for user content or otherwise restrict the ability to monetise or
deny entrepreneurs the use of our online marketplaces if we cannot identify these entrepreneurs as required by the DSA or if self-certification has not been provided to us.
As far as our online platforms are concerned, if users do not agree with our decision regarding a restriction made or not made (see point 5), users can lodge a complaint against this decision free of charge via our internal complaint management system.
Complaints can be submitted within 6 months of receipt of the contested decision by email to dsa@porsche.de. If we need further information to process the complaint, we will contact the complainant. Complaints are processed promptly, without discrimination, carefully and without arbitrariness under the supervision of qualified staff. Once we have made a decision, it will be communicated to the complainant immediately.
In the following cases, we will immediately reverse our decision:
A complaint contains sufficient grounds to believe that the decision not to act on a report is unfounded,
The information to which the complaint relates is neither unlawful nor in breach of any regulations, or
The complaint contains information demonstrating that the complainant's conduct does not justify suspension or termination of service or closure of the account.
Users, including reporting persons or entities, affected by the decisions referred to in point 5 with regard to our online platforms may choose a certified out-of-court dispute resolution body to resolve disputes relating to these decisions as well as complaints that have not been resolved through our complaint management system (see point 6). We will cooperate with the out-of-court dispute resolution body within the framework of the legal requirements, but are not bound by the decisions of the out-of-court dispute resolution body.
Further details on out-of-court dispute resolution will be communicated to users as part of the appealable decisions.
The above information does not affect the right of users to assert their claims against us in court.
To prevent the above from being misused, we reserve the right to take the following measures with regard to our online platforms:
We will suspend the provision of our services to users who frequently provide obviously illegal content for a reasonable period of time after prior warning.
We will suspend the processing of reports and complaints received through the reporting and remedial procedures or internal complaint handling systems from individuals or entities, or from complainants who frequently submit manifestly unfounded reports or complaints, for a reasonable period of time after prior warning. When deciding on a suspension, we will assess on a case-by-case basis in a timely, careful and objective manner whether the user, individual, institution or complainant is involved in any abusive use, taking into account all relevant facts and circumstances evident from the information available to us We take into account at least the following:
The absolute number of obviously illegal content made available within a certain period of time;
Its relative share in the total number of items of information provided or reports made within a given period;
The seriousness of the cases of misuse, including the nature of the illegal content, and their consequences;
The intentions pursued by the user, individual, institution or complainant, insofar as these intentions can be determined.
The number of users of our respective online platforms in the European Union active monthly does not exceed the threshold of 45 million set by the DSA.
We will annually publish transparency reports here on the moderation of content we have carried out and – as far as our online platforms are concerned – on the number of disputes submitted to the out-of-court dispute resolution bodies referred to in Article 21 of the DSA and suspensions pursuant to Article 23 of the DSA.
The reports will be published here in due course.