Electronic Commerce Market Act

The eCommerce directive was implemented into Slovenian law by the Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu, hereinafter ZEPT).

(1) The safe harbor regime (articles 12 to 15 of eCommerce directive) is transposed almost verbatim into the act , thus providing liability exemptions for mere conduit service providers (article 9), caching providers (article 10) and hosting providers (article 11). 

(2) ZEPT also provides that service providers cannot be obliged to monitor information transmitted or stored by them or to search for circumstances indicating an illegal activity (article 8(3)).

(3) The legal basis for injunctions is provided in article 9(3), 10(2), 11(2) and article 18 of ZEPT. It should be noted that the possibility to issue an injunction is explicitly limited to courts and cannot be administered by administrative bodies.

(4) As in the eCommerce directive, the requirement that the service must be normally provided for remuneration in order to qualify as an information society service and thus benefit from the safe harbour regime is also present in ZEPT. Furthermore, this requirement is particularly emphasized in the article 1(2) which states that ZEPT refers to the information society services that are provided as commercial activities.