The other chapters discuss many options that may be appealing to HSPs from a business standpoint either, but the main reason and argument to set up a contact point or designate a legal representative is because it is mandatory. This may involve some reallocation of resources, but it is unquestionably in HSPs’ best interest to comply with the law and avoid the negative consequences of non-compliance, such as loss of reputation, trust, and money, if fines are imposed, by making the appointment promptly.

HSPs must allow competent authorities to review the information about the contact point and subsequently to provide electronic notifications (i.e. to submit a removal order electronically). Typically, this involves providing an e-mail address (for example, in the “Contact Us” section of the HSP’s website) through which the competent authority can approach the contact point.

There are two aspects of appointing a legal representative which must be emphasised. Firstly, the legal representative’s identity must be publicised (see contact point). Secondly, the HSP must actively notify the appointment to its ‘home authority’ (i.e. the competent authority of the Member State where the legal representative is established).

Europol has also developed a platform, Plateforme Européenne de Retraits de Contenus illicites sur Internet (European platform for takedown of illicit content online), or PERCI, to support the implementation of the TCO Regulation. The purpose of PERCI is to ensure HSPs can receive removal orders from Member States through a common secure channel, instead of 27 separate systems per Member State. It streamlines removal orders from different Member States and acts as a single point of contact in the context of referrals and removal orders and is intended to prevent the duplication of removal orders, i.e. the same order sent by two Member States. It also is useful for HSPs to have a centralised receipt of removal orders and referrals received over time, to support transparency reporting obligations. Through PERCI, HSPs are also able to request scrutiny and review to challenge a removal order.