Act 458/2002, on Information Society Services and Electronic Commerce, June 5, 2002

Document type
Legislation
Country
The law implements the E-Commerce Directive almost verbatim, Sections 13–15 corresponding to Articles 12–14 of the Directive.
(1) A presumption of knowledge is provided by the hosting exemption in Section 15 for certain extreme pornography or incitement to hatred, which are assumed to be known also without a notification.
(3) Section 16 allows a court to issue an order to disable access to information, but only applies to hosting providers. The general obligation by the service provider to take action to implement a decision by the authorities is provided in Section 19, which implements Articles 12(3), 13(3) and 14(3) of the Directive. 
(4) There is no specific provision corresponding to Article 15 of the Directive, regarding the prohibition of monitoring obligations, nor a provision on the obligation to notify the authorities if the service provider notices illegal behavior.
(5) Sections 20–25 implement a rather detailed, DMCA-like notice-and-takedown mechanism that only applies to the hosting providers.
Country
Year
2002
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order