Law No. 34/2002, on Information Society Services and Electronic Commerce

implementing the liability limitations set forth in the eCommerce Directive; exemptions for mere conduit (art. 14) and caching (art. 15) are implemented almost verbatim; the hosting safe harbor provision (art. 16) doesn’t mention the awareness of “facts or circumstances from which the illegal activity or information is apparent”, and it appears to limit the notion of actual knowledge to specific situations (mainly the existence of a prior decision on the illegality of the hosted material), however, the Supreme Court declared that this should be read in a non-restrictive way; a specific exemption for linking is included (art. 17); no mention is made to the possibility of injunctions or to the prohibition of general monitoring obligations; some duties to cooperate with law enforcement authorities are imposed on intermediaries (arts. 8 and 11).