The Liability of Internet Intermediaries in the EU

Within the online environment, start-ups often times fulfil an intermediary role. An important question on start-ups’ minds is whether they can be subject to liability claims as a result of the conduct of their end-users. For instance, what would happen if the user of an online video platform would upload copyrighted content without consent of the copyright owner? Start-ups may not always be aware of illegal end-user activity, why then, should they be held responsible? The European legislator has introduced several limitations to the liability of intermediary service providers. This document aims to present start-ups a concise overview of the limited liability regime concerning internet intermediaries as set out by the 2001 EU E-commerce Directive. This brief also includes case reports with relation to hyperlinking services, video platforms and file-sharing services.

The Limited Liability of Internet Intermediaries in the EU

Leave a Reply