Digital Services Act (DSA) Compliance Statement

Notice: Engineering compliance draft for Mareante (not yet reviewed by an independent attorney).

1. Regulatory Context and Scope

This document sets forth the compliance measures, single points of contact, and operational moderation workflows established by Nuno Ribeiro, operating as a Swiss sole proprietorship (Einzelunternehmen) trading as "Mareante" ("Mareante", "we", "us"), pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act or DSA).

Under the DSA:

1. Hosting Service Provider: Mareante qualifies as a provider of hosting services (intermediary service) providing multi-tenant cloud workspaces, code generation execution sandboxes, and repository deployment services hosted at mareante.nuuno.art.
2. Microenterprise Status (Article 19(1) DSA): Mareante qualifies as a microenterprise under Commission Recommendation 2003/361/EC (employing fewer than 10 persons with annual turnover below €2 million). Pursuant to Article 19(1) of the DSA, microenterprises are exempt from the obligations applicable to online platforms set forth in Section 3 of Chapter III of the DSA (including formal out-of-court dispute settlement certification and trusted flagger prioritization).
3. Voluntary Standards: While statutorily exempt from Section 3, Mareante adheres to the core hosting provider obligations of Chapter III Sections 1 and 2 (Articles 11, 12, 13, 16, 17, and 18) and voluntarily provides an accessible internal appeal procedure to ensure fairness and due process.

2. Designated Single Points of Contact (Articles 11 & 12 DSA)

Pursuant to Articles 11 and 12 of the DSA, Mareante has established electronic single points of contact:

2.1. Point of Contact for Member State Authorities, the European Commission, and the European Board for Digital Services (Article 11 DSA)

• Designated Email: [To be provided by operator: {{DSA_CONTACT_EMAIL}}]
• Accepted Languages: English, German, French.
• Purpose: Receipt of official orders to act against illegal content (Article 9 DSA), orders to provide information (Article 10 DSA), and regulatory inquiries.

2.2. Point of Contact for Recipients of the Service (Article 12 DSA)

• Designated Email: [To be provided by operator: {{DSA_CONTACT_EMAIL}}] (or [To be provided by operator: {{LEGAL_EMAIL}}])
• In-App Portal: Through tenant workspace support and moderation settings.
• Accepted Languages: English, German, French.
• Purpose: Receipt of notices concerning allegedly illegal content, submission of complaints regarding moderation decisions, and general user inquiries regarding content terms.

2.3. Legal Representative in the European Union (Article 13 DSA)

As an entity established in Switzerland offering services to users in the European Union, Mareante designates the following legal representative in the Union pursuant to Article 13 DSA:

• EU Legal Representative: [To be provided by operator: {{LEGAL_EU_REPRESENTATIVE}}] (Designation pending; see README.md).

3. Notice-and-Action Mechanism (Article 16 DSA)

Mareante provides an accessible, electronic notice-and-action mechanism allowing any individual or entity to notify us of the presence of specific items of information or deployed content on our Platform that the notifier considers to be illegal content.

3.1. How to Submit a Notice

Notices may be submitted electronically via email to [To be provided by operator: {{DSA_CONTACT_EMAIL}}] with the subject line "DSA Notice of Illegal Content".

3.2. Required Elements of a Valid Notice

Under Article 16(2) of the DSA, a notice must include:

1. Substantiated Explanation: A sufficiently substantiated explanation of the exact reasons why the notifier alleges the information or content in question is illegal content under EU or national law;
2. Exact Electronic Location: A clear indication of the exact electronic location of that information, such as the exact URL(s), tenant workspace identifier, or deployed repository endpoint;
3. Notifier Identification: The full name and email address of the individual or entity submitting the notice (except in notices concerning offenses involving child sexual abuse and exploitation under Directive 2011/93/EU, where anonymity is respected);
4. Good-Faith Statement: A statement confirming the notifier's bona fide belief that the information and allegations contained in the notice are accurate and complete.

3.3. Processing of Notices

• Upon receipt of a notice, Mareante sends an automated acknowledgment of receipt to the notifier’s email address without undue delay.
• Notices are reviewed in a timely, diligent, non-arbitrary, and objective manner by human compliance staff.
• Where a notice gives rise to a moderation decision, both the notifier and the affected user are informed of the outcome, accompanied by a Statement of Reasons.

4. Statement of Reasons (Article 17 DSA)

Whenever Mareante restricts or removes content, suspends or terminates an account, or disables access to deployed software on grounds of illegality or incompatibility with our Acceptable Use Policy, Mareante delivers a clear and specific Statement of Reasons to the affected user.

The Statement of Reasons contains:

1. Specific Action Taken: The exact nature of the restriction (e.g., prompt refusal, sandbox termination, deployment revocation, account suspension);
2. Facts and Circumstances: The specific facts relied upon, including whether the decision resulted from a third-party notice or automated guardrail detection (guardrails package);
3. Use of Automated Tools: An explicit disclosure of whether automated means were used in detecting or assessing the violation;
4. Legal or Contractual Grounds: The exact statutory provision (e.g., Swiss StGB, EU Directive) or specific contractual clause relied upon;
5. Redress Information: Clear information regarding available remedies, including internal human appeal.

5. Internal Complaint and Appeal Procedure

While microenterprises are exempt under Article 19(1) of the DSA from the mandatory internal complaint-handling system requirements of Article 20, Mareante provides an internal appeal mechanism as a standard of fair process:

1. Submission: Users whose content or accounts have been restricted may lodge an appeal free of charge within six (6) months of receiving the Statement of Reasons by emailing [To be provided by operator: {{DSA_CONTACT_EMAIL}}] with the subject line "DSA Appeal - [Tenant ID / Decision ID]".
2. Human Review: Contested decisions are reviewed by human compliance staff against the rule of law and applicable terms.
3. Outcome: If an appeal demonstrates that a restriction was unfounded, the restriction is revoked and access restored promptly.

6. Measures Against Misuse and Repeat Violations

Mareante implements proportional measures to curb systemic abuse:

• Repeat Infringers: Where a user repeatedly provides manifestly illegal content or breaches our Acceptable Use Policy, Mareante will, after issuing a prior warning, suspend or terminate their access.
• Manifestly Unfounded Notices: Where an individual or entity repeatedly submits manifestly unfounded or fraudulent notices, Mareante may, after prior warning, suspend the processing of notices from that entity.

7. Notification of Suspicion of Criminal Offenses (Article 18 DSA)

Where Mareante obtains any information giving rise to a reasonable suspicion that a criminal offense involving a threat to the life or safety of a person or persons or child sexual abuse has taken place, is taking place, or is likely to take place, Mareante immediately informs the competent law enforcement authorities (e.g., the Swiss Federal Office of Police - fedpol, or competent EU Member State authorities / Europol) and provides all relevant information available.

8. Transparency Reporting (Article 15 DSA)

In compliance with Article 15 of the DSA, Mareante will publish an annual transparency report on content moderation activities, disclosing:

• Number of authority orders received and processed;
• Number of notices received under Article 16 and actions taken;
• Information on content moderation conducted on our own initiative, including the use of automated guardrails.