Directive 2000/31/EC on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market

(1) Articles from 12 to 15 provides mere conduit, caching, and hosting exemptions for intermediaries, together with the exclusion of a general obligation on access, hosting and caching providers, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.

(2) In particular, Article 14(1) provides that Member States shall ensure that hosting providers are not liable for the information stored at the request of the recipient, 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.

(3) Article 14(3) also states that the liability exemption for hosting providers provided in Article 14(1) "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, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.