Liability of intermediaries Electronic Commerce Directive

1 liability of intermediaries

1.1 mere conduit
1.2 caching
1.3 hosting

liability of intermediaries

the e-commerce directive makes several provisions on liability of intermediaries.

mere conduit

where information society service provided consists of transmission in communication network of information provided recipient of service, or provision of access communication network, member states shall ensure service provider not liable information transmitted, on condition provider: (a) not initiate transmission; (b) not select receiver of transmission; , (c) not select or modify information contained in transmission. acts of transmission , of provision of access include automatic, intermediate , transient storage of information transmitted in far takes place sole purpose of carrying out transmission in communication network, , provided information not stored period longer reasonably necessary transmission.

caching

where information society service provided consists of transmission in communication network of information provided recipient of service, member states shall ensure service provider not liable automatic, intermediate , temporary storage of information, performed sole purpose of making more efficient information s onward transmission other recipients of service upon request, on condition that: (a) provider not modify information; (b) provider complies conditions on access information; (c) provider complies rules regarding updating of information, specified in manner recognized , used industry; (d) provider not interfere lawful use of technology, recognized , used industry, obtain data on use of information; , (e) provider acts expeditiously remove or disable access information has stored upon obtaining actual knowledge of fact information @ initial source of transmission has been removed network, or access has been disabled, or court or administrative authority has ordered such removal or disablement.

hosting

where information society service provided consists of storage of information provided recipient of service, member states shall ensure service provider not liable information stored @ request of recipient of service, on condition that: (a) provider not have actual knowledge of illegal activity or information and, regards claims damages, not aware of facts or circumstances illegal activity or information apparent; or (b) provider, upon obtaining such knowledge or awareness, acts expeditiously remove or disable access information.

article 14 forms basis notice , take down procedures online hosts under eu law.