The DSA addresses, among other things, the distribution of illegal content on online platforms. It requires the latter to set up reporting procedures in accordance with Art. 16 DSA to enable third parties to trigger corrective measures by the platforms. Private entities can apply to the authorities for “trusted flagger” status under Art. 22 DSA in order to receive priority treatment from platforms when reporting illegal content. This has recently been interpreted by several authors as an administrative delegation. Dr. Tobias Mast takes a different view in his essay, which has been published in German.
To the article (behind a paywall)
Mast, Tobias (2025): Vertrauenswürdige Hinweisgeber sind keine Beliehenen! [Trusted Flaggers Are Not Authorized Agents] In: Neue Zeitschrift für Verwaltungsrecht [New Journal for Administrative Law], 6/2025, pp. 365–371.