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Digital Services Act

Starting: 06 Jan Ending

0 days left (ends 05 Feb)

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Status: Closed
Privacy: Public
Dr. Patrick Breyer. Digitaler Freiheitskämpfer und Europaabgeordneter der Piratenpartei. MEP for Piratenpartei and the European Pirate Party. Homepage: https://www.patrick-breyer.de

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<< Previous paragraphs

P41

2011/83/EU;

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P42

(k)‘online interface’ means any software, including a website or a part thereof, and applications, including mobile applications;

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P43

(l)‘Digital Services Coordinator of establishment’ means the Digital Services Coordinator of the Member State where the provider of an intermediary service is established or its legal representative resides or is established;

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P44

(m) Digital Services Coordinator of destination’ means the Digital Services Coordinator

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P45

of a Member State where the intermediary service is provided;

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P46

(n)‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;

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P47

(o)‘recommender system’ means a fully or partially automated system used by an online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;

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P48

(p)‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;

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P49

(q)‘terms and conditions’ means all terms and conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary services and the recipients of the services.

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P50

Chapter II – Liability of providers of intermediary services

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P51

Article 3 ‘Mere conduit’

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P52

1.Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted, on condition that the provider:

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P53

(a) does not initiate the transmission;

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P54

(b) does not select the receiver of the transmission; and

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P55

(c) does not select or modify the information contained in the transmission.

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P56

2.The acts of transmission and of provision of access referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

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P57

3.This Article 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.

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P58

Article 4 ‘Caching’

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P59

1.Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that:

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P60

(a) the provider does not modify the information;

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