DSA notice and action

Why this page exists

Doctena operates several hosting services in the meaning of Article 3(g)(iii) of the DSA, most visibly the practitioner profile pages that allow patients to read about a healthcare professional, the free-text appointment notes patients enter when booking. Because practitioner profiles are disseminated to the public, Doctena also qualifies as an online platform in the meaning of Article 3(i) DSA for that part of the service. Appointment notes are visible only to the practitioner concerned and remain plain hosting.

Doctena qualifies as a small enterprise under Commission Recommendation 2003/361/EC. Articles 11, 12 and 14 of the DSA apply to every intermediary service (Article 13 concerns only providers without an EU establishment) and Articles 16 to 18 to every hosting service; we comply with them as set out below. We act on orders from judicial and administrative authorities under Articles 9 and 10, and we report average monthly active recipient numbers to the Digital Services Coordinator or the Commission on request (Article 24(3)). As a small enterprise we are exempt from the transparency-reporting obligation of Article 15 (Article 15(2)) and from the additional online-platform obligations of Articles 19 to 28 (Article 19(1)), with the exception of Article 24(3). We nonetheless voluntarily operate the complaint-handling, dispute-settlement and trusted-flagger processes described below.

Single point of contact (Articles 11 to 12)

Single point of contact for authorities (Article 11) and recipients of the service (Article 12):

• Postal: Doctena S.A., DSA Contact, 42 Rue de la Vallée, L-2661 Luxembourg.
• Email: privacy@doctena.com
• Languages: English, French, German, Dutch.

Notice and action (Article 16)

Anyone who believes that content hosted by Doctena is illegal under EU or national law may file a notice through the form below. The notice should be sufficiently precise and substantiated; we recommend including:

• The exact URL or location of the alleged illegal content.
• The reason why the content is illegal, including the legal provision relied on.
• A clear indication of why the content is illegal in light of those provisions.
• Your name and email address, except for notices concerning offences referred to in Articles 3 to 7 of Directive 2011/93/EU.
• A declaration of good faith that the information is accurate and complete.

We process notices in a timely, diligent, non-arbitrary and objective manner. Where automated tools are used to support the decision, this is documented in the statement of reasons. Repeated misuse of the notice procedure may result in a temporary suspension of the notifier, under a process modelled on Article 23 DSA.

Statement of reasons (Article 17)

Where Doctena imposes any of the restrictions listed in Article 17(1) DSA, such as removal of content, suspension of access or termination of an account, we provide the affected recipient with a statement of reasons that is clear and easily comprehensible, and as precise and adequately substantiated as possible (Article 17(4)), including:

• Whether the decision entails the removal, disabling of access, demotion or other restriction.
• The facts and circumstances relied upon, including whether the decision was based on a notice or on Doctena's own investigation.
• The legal ground relied upon and the explanation of why the content is considered illegal or incompatible with our terms.
• Information about the possibilities of redress (Articles 20 and 21 DSA, judicial redress).

As a small enterprise, Doctena is exempt from submitting statements of reasons to the EU DSA Transparency Database (Articles 24(5) and 19(1)). The Commission's database does not collect submissions from micro and small enterprises. We record every statement of reasons internally.

Internal complaint handling (Article 20, voluntary)

Although Doctena is exempt from Article 20 as a small enterprise (Article 19(1)), we operate an internal complaint procedure voluntarily. Recipients of the service who disagree with a decision Doctena has taken may submit an internal complaint through the Complaints procedure. Complaints are handled by qualified staff acting independently of the original decision-maker. Outcome and reasoning are communicated within the SLAs of the Complaints procedure.

Out-of-court dispute settlement (Article 21, voluntary)

Article 21 likewise does not bind Doctena as a small enterprise. As a voluntary, good-faith commitment: if the internal complaint procedure does not resolve the dispute, recipients may turn to a certified out-of-court dispute settlement body in their country. The Digital Services Coordinator of your member state maintains the list of certified bodies. Doctena will engage in good faith with any such body.

Trusted flaggers (Article 22, voluntary)

Although Article 22 does not bind Doctena as a small enterprise, we voluntarily give priority treatment to notices submitted by entities designated as trusted flaggers by the Digital Services Coordinator of their member state. Trusted flagger submissions are routed to a dedicated queue.

Organisations interested in trusted-flagger status should consult their national Digital Services Coordinator. Doctena does not designate trusted flaggers directly.

Suspicions of criminal offences (Article 18)

Where Doctena becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons 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 or member states concerned, and provide all relevant information available.

Record-keeping

We record aggregate statistics on notices received, statements of reasons issued, internal complaints handled, and out-of-court referrals internally. As a small enterprise, Doctena is exempt from the transparency-reporting obligation of Article 15 DSA (Article 15(2)).