Liability and Exemptions of Internet Service Providers (ISPs): Assessing the EU Electronic Commerce Legal Regime

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Abstract

Liability for online information can arise with respect to trade marks, privacy, copyright, trade secrets, defamation and unfair competition. This article examines the exemptions available to internet service providers (ISPs) under the EU electronic liability regime. The article will use the term “ISP” to capture service providers as
described in Directive 2000/31. The article proceeds as follows. First, it provides a definition of an ISP and describes their activities. Secondly, it discusses the legal
regime governing the activities of ISPs. Thirdly, it discusses the exemptions provided under arts 12 to 15 concerning the liability of ISPs as it relates to their
activities. Lastly, it concludes by highlighting that it is necessary to balance the responsibilities and activities of ISPs against the intellectual property (IP) rights of owners of materials that are shared through the platform of ISPs.

Original languageEnglish
Pages (from-to)6-12
JournalComputer and Telecommunications Law Review
Volume24
Issue number1
Publication statusPublished - 2018

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