Digital Services Act ("DSA").
To the extent that BMW IE (" BMW", "we", "us", "our") offers on this website intermediary services within the meaning of Art. 3 g) of the Digital Services Act (“DSA”), the following information will apply to it:
Our central point of contact for the authorities of the member states, the Commission and the Board referenced in Art. 61 DSA (Art. 11 para. 1 DSA) and for recipients of our services (Art. 12 para. 1 DSA) is:
Email: DSA.ie@bmw.ie
You may also reach us by telephone at 081 861 9421
You may communicate with us in the English language.
According to Art. 15 para. 1 DSA, we are obliged to make publicly available once a year transparency reports on any content moderation in which we engage:
2.1 Transparency Reports 2024
Pursuant to Art. 16 DSA, individuals and entities will have the opportunity to submit notices about information that they consider to be illegal content on BMW IE. You may do this by sending an email to DSA.ie@bmw.ie. If you wish to submit such a notice, please include the following points in your notice:
a) a sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;
(b) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, or, where necessary, additional information enabling the identification of the illegal content adapted to the type of the content and the specific type of service;
c) your name and email address (unless it is information that you believe relates to a criminal offence involving sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes or inciting, aiding or abetting or attempting to commit such offences). In these cases or other cases in which you wish to submit a notice without the possibility of identification, you may contact 081 8619421;
d) a statement confirming your bona fide belief that the information and allegations contained in the notice are accurate and complete.
We shall process any and all notices in a timely, diligent, non-arbitrary and objective manner; we shall without undue delay notify the individual or entity submitting the notice about our decision and indicate any possible legal remedies.
The information set forth below and relating to our internal complaint-handling system (Art. 20 DSA) and to out-of-court dispute settlement options (Art. 21 DSA) applies only to recipients of BMW services that are deemed "online platforms" within the meaning of the DSA. These platforms are BMW IE.
We may make certain restrictive decisions with respect to the content or accounts of the recipients of our intermediary services (including individuals and entities submitting the notice) within the meaning of the DSA, if we believe that recipients have violated the law or our general terms and conditions of business and use for the respective intermediary service (hereinafter: "Terms and Conditions"). For example, we may decide to (i) restrict or block the visibility of recipient content, (ii) suspend or terminate the provision of all or part of our services to recipients, (iii) suspend or close the recipient account, (iv) restrict opportunities for monetising recipient content, or (v) deny enterprises the use of their online marketplaces if we cannot identify (track) those enterprises as required by the DSA. We may also decide not to act on a notice submitted by a recipient based on content that is potentially illegal or violates our Terms and Conditions.
- Internal complaint-handling system:
If recipients of our services should not agree with such a decision, then they may lodge a complaint against that BMW decision via our internal complaint-handling system. Complaints may be lodged free of charge via email sent to DSA.ie@bmw.ie within 6 months of receipt of the contested decision. If we require further information to process the complaint, complainants may be contacted by our employees. Complaints are processed in a timely, non-discriminatory, diligent and non-arbitrary manner under the supervision of qualified personnel. As soon as we have made a decision, it will be communicated to the complainant without undue delay.
- Out-of-court dispute settlement before authorised out-of-court dispute settlement bodies:
In order to settle disputes related to decisions made within the framework of our internal complaint-handling system, there is, among other things, the possibility of seeking an out-of-court dispute settlement before a so-called “certified out-of-court dispute settlement body” as defined in Art. 21 DSA. Certified out-of-court dispute settlement bodies are impartial and independent bodies that are expressly certified by the EU Member States and are in a position, due to their capacities and expertise, to review the disputes submitted to them. BMW will co-operate with the out-of-court dispute settlement body in accordance with the statutory requirements. BMW is not, however, bound by the decisions handed down the out-of-court dispute settlement body.
Further details about any out-of-court dispute settlement will be communicated to recipients of the service, in some cases together with any appealable decisions.
The foregoing information does not restrict the rights of recipients of the services to enforce their claims against BMW in court.
We shall suspend the provision of our services to recipients of the service, who frequently provide manifestly illegal content, and will do so for a reasonable period of time after having issued a prior warning. Furthermore, we shall suspend, for a reasonable period of time after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms or internal complaint-handling systems by individuals or entities or by complainants who frequently submit notices and complaints that are manifestly unfounded. In deciding whether to suspend the service, we shall assess on a case-by-case basis and in a timely, diligent and objective manner whether the recipient, individual, entity or complainant has engaged in misuse, while taking into account all relevant facts and circumstances apparent from the information available to us. Those circumstances - which we will take into account when determining whether misuse has occurred and what the appropriate duration of any suspension should be - will encompass at least the following:
a) the absolute number of items of manifestly illegal content that were submitted within a given time frame;
(b) the relative proportion of the total number of items of information provided or notices submitted within a given time frame;
(c) the gravity of the misuses, including the nature of the illegal content and the nature of its consequences;
(d) where it is possible to identify, the intentions pursued by the recipient of the service, the individual, the entity or the complainant.
BMW shall use its best efforts to obtain, on or before 16 February 2025, from all traders offering products and/or services on the online platforms accessible on this website, their self-certifications in accordance with Art. 30 para. 1 e) DSA, under which those traders commit to offer only products and services that comply with the applicable rules of Union law. We have received this self-certification from all traders who have been admitted to these online platforms since 17 February 2024.