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Author:
Patrick Breyer
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
P62
(c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
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P63
(d)the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
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P64
(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.
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P65
2.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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P67
1.Where an information society service is provided that consists of the storage of information provided by a recipient of the service the service provider shall not be liable for the information stored at the request of a recipient of the service on condition that the provider:
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P68
(a) does not have actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; or
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P69
(b)upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal content.
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P70
2.Paragraph 1 shall not apply where the recipient of the service is acting under the authority or the control of the provider.
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P71
3.Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
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P72
4.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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P74
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own- initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
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P76
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers.
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P78
1.Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
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P79
2.Member States shall ensure that the orders referred to in paragraph 1 meet the following conditions:
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