BREIN obtains Trusted Flagger status

BREIN applied to the Dutch digital services coordinator (ACM) for trusted flagger status earlier this year and was granted this status yesterday.

Trusted flaggers are reliable organisations recognised by the ACM that detect, identify and report illegal content to online platforms, such as hosting providers, social media and online marketplaces. These parties are obliged to treat reports from trusted flaggers as a priority. As part of its enforcement strategy, BREIN has many years of experience in frequently reporting infringing content to these types of parties. Cooperation with these parties is generally already quite good and responses are usually quick, but the status as a trusted flagger is expected to contribute to effective enforcement by BREIN with new parties that are not (yet) familiar with BREIN. BREIN is also confident that, in its role as a trusted flagger, it will be able to assist the authorities in identifying parties that do not comply with their obligations under the Digital Services Act (DSA).

The ACM is the authority responsible for supervision under the DSA in the Netherlands. The possibility to apply for trusted flagger status with the ACM was introduced earlier this year. BREIN’s application was followed by a uniform public preparatory procedure, as part of which the draft decision and accompanying documents were made available on the ACM website. Any views of interested parties on the draft decision could be submitted until 22 September. No use was made of this opportunity. Yesterday, the ACM announced its final decision to grant BREIN trusted flagger status as of 29 September 2025.

The ACM assessed the application based on several key criteria. Applicant organisations must demonstrate proven expertise and competence, submit their reports meticulously, accurately, and objectively, and maintain independence from online platform providers. To date, only three other organisations besides BREIN have applied for trusted flagger status in the Netherlands.

BREIN managing director Bastiaan van Ramshorst: “The trusted flagger status feels like recognition of our many years of service and will further strengthen our position as an online copyright infringement watchdog. The status of trusted flagger means that online platforms and other intermediaries must handle reports from the BREIN Foundation with priority and without delay. This makes enforcement more effective, which is necessary because creators, authors, artists, producers and distributors of copyright-protected content online are confronted with large numbers of infringements.”