Directive 2000/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market

Document type
International Agreement
(1) Articles from 12 to 15 provides mere conduit, caching, and hosting exemptions for intermediaries, together with the exclusion of a general obligation on access, hosting and caching providers, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
(2) In particular, Article 14(1) provides that Member States shall ensure that hosting providers are not liable for the information stored at the request of the recipient, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
(3) Article 14(3) also states that the liability exemption for hosting providers provided in Article 14(1) "shall not affect the possibility for a court or administrative authority, in accordance with Member States’ legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.
Year
2000
Topic, claim, or defense
General or Non-Specified
Document type
International Agreement
Issuing entity
Transnational Organization (Includes Bilateral Agreement)
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Cache Provider
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)