Act N. 25/2002 Electronic Communications and Transactions Act

Document type
Legislation
Country
(1) Introducing liability limitations for mere conduit (section 73), caching (section 74), hosting (section 75) and information location tools (section 76).
(2) The conditions to fall under these categories differ from the corresponding provisions in Europe since they require complainants to use a specific procedure of notice and takedown (described in section 77), but at the same time differ from the provisions in the United States as they require such specific procedure to be followed only in case of hosting and caching, and not for information location tools.
(3) Furthermore, the limitations are partial as they do not extend to injunctions - and in the case of hosts and information location providers to criminal liability as well - and do not affect obligations of service providers founded on an agreement, a licensing or regulatory scheme or any other obligation imposed to remove, block or deny access to any data message (section 79).
(4) But the most distinctive feature of this regime is the conditioning of any liability limitation to the membership of an industry representative body recognized by the Minister of Communications (section 72), provided that membership is subject to adequate criteria, that its members are subject to a code of conduct, that such code requires continued adherence to adequate standards of conduct and that the representative body is capable of monitoring and enforcing compliance adequately (section 71).
Country
Year
2002
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)