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Comment by jsmith45

5 years ago

The EU recently proposed The Digital Services Act, which is a DCMA like legislation (with both copyright infringement and other illegal content like CP as targets).

Part of that draft law pretty clearly states that companies must have a proper appeal process for banned accounts. This would apply to "decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions", which in practice covers basically all bans except for Age restriction or non-payment based bans.

They must provide details of what part of the Terms of Service they claim you violated: "where the decision is based on the alleged incompatibility of the information with the terms and conditions of the provider, a reference to the contractual ground relied on and explanations as to why the information is considered to be incompatible with that ground".

If the internal appeals process fails, the consumer can take the company to online binding arbitration (with the consumer's choice of accredited arbitrators certified by the member state). The company always pays its own costs in the process, and must reimburse the user's costs if the company loses.

> which in practice covers basically all bans except for Age restriction or non-payment based bans.

Google avoid this EU restriction by suspending accounts/app indefinitely instead of banning them.

You can see a Google employee explaining this here : https://github.com/moneytoo/Player/issues/37#issuecomment-76...

  • Claiming that "an indefinite suspension" is just a type of temporary suspension and different from a ban will have you laughed out of any actual court.