Electronic Commerce Directive 2000
The Electronic Commerce Directive 2000/31/EC is a European Union Directive of the European Parliament and of the Council from 8 June 2000. It regulates certain legal aspects of information society services in the Internal Market, in particular electronic commerce and mere conduit.
Overview
The Electronic Commerce Directive, adopted in 2000, sets up an Internal Market framework for electronic commerce. Its aim is to provide legal certainty for business and consumers. It establishes harmonised rules on issues such as the transparency and information requirements for online service providers, commercial communications, electronic contracts and limitations of liability of intermediary service providers.[1]
Liability of intermediaries
The E-Commerce Directive makes several provisions on the liability of intermediaries.
"Mere conduit"
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, Member States shall ensure that the service provider is not liable for the information transmitted, on condition that the provider: (a) does not initiate the transmission; (b) does not select the receiver of the transmission; and (c) does not select or modify the information contained in the transmission. The acts of transmission and of provision of access 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.
"Caching"
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, Member States shall ensure that the service provider is not 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: (a) the provider does not modify the information; (b) the provider complies with conditions on access to the information; (c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognized and used by industry; (d) the provider does not interfere with the lawful use of technology, widely recognized and used by industry, to obtain data on the use of the information; and (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.
Hosting
Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
Article 14 forms the basis for notice and take down procedures by online hosts under EU law.[2]
See also
Notes
- ^ http://ec.europa.eu/internal_market/e-commerce/directive_en.htm
- ^ The Role of Internet Intermediaries in Advancing Public Policy Objectives. OECD Publishing. 4 October 2011. p. 146. ISBN 9789264115637.