Law No. 18/2010 relating to Electronic Messages, Electronic Signatures and Electronic Transactions (published in Official Gazette No. 20 of March 17, 2010)

Document type
Legislation
Country
(1) Article 8: Liability of communication network services - A communication network service shall not be liable in respect of contents of documents, electronic message through his/her network and another person to whom he/she has no control. The liability shall apply to: creation, publication and dissemination of electronic messages on the network; and, use of such electronic messages in a way that is contrary to the law. 
(2) Article 10: Further states an intermediary shall not be liable for providing access to information, transmission or its retention, as long as it: does not initiate the transmission; is not the one to select the addressee; uses automatic communication technology without its role; and, cannot modify the electronic information. 
(3) Article 11: Caching - An intermediary shall not be liable for the automatic, intermediate and temporary storage of that electronic record, in case the intention of such a storage of electronic record is its onward transmission to other recipients who requested for it, as long as the service provider: does not modify the electronic record; fulfills the conditions for access to the electronic record; complies with rules regarding the updating of the electronic message, specified in a manner widely recognized and used; does not interfere with the lawful use of technology, widely recognized and used by industry, to obtain information relating to the use of the electronic message; and, removes or disables access to the electronic message it has stored upon receiving a take-down notice. 
(4) Article 12: Hosting - An intermediary provides a service comprising the storage of electronic message shall not be liable for damages arising from information stored, as long as: it is not aware that the information or the activity relating to the information infringes any person; it is not aware of facts or circumstances from which the infringing activity or the infringing nature of the information is apparent; and, upon receipt of a take-down notification provided by this law acts expeditiously to remove or to disable access to the information.
(5) Article 13 pprovides that an intermediary shall not be liable for damages incurred when it links its services with other different web sites containing electronic messages or activities that do not fulfill legal requirements, where: it is not aware that the information or activity relating to the information infringes any person; it is not aware of facts or circumstances of the infringing activity or the infringing nature of information; it does not receive a financial benefit directly attributable to the infringing activity; and, removes or disables access to the information relating to the electronic message within a reasonable time after being informed that such electronic message infringes the rights of a third party. 
(6) Article 14: Take-down notification - (a) The complaint shall notify, in writing, an unlawful activity to the intermediary or to the concerned service provider or its designated agent. The notification shall include: full names and address of the complainant; the written or electronic signature of the complainant; rights that have been infringed; Justification of the unlawful activity; the remedial action required to be taken in order to resolve the dispute; telephone and electronic mail contacts if any; a statement that the complainant is acting in good faith; and, a statement by the complainant that the information provided is true and correct.  (b) Any person who notifies an unlawful activity to the service provider knowing that there is no truth contained therein as regards the facts commits an offence and is liable for damages for false notification. (c) An intermediary or a certification authority is not liable for a takedown in response to a wrongful notification. 
Country
Year
2010
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Cache Provider
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)