Law No. 10128 on Electronic Commerce

Document type
(1) The object of this law is to establish rules for conducting commercial transactions electronically, through services offered by the information society for the protection of persons participating, the legal protection of customer confidentiality of confidential data to its participants, as and to ensure the free flow of information services, defining the responsibilities of providers of information society services.
(2) "Information society services" means services provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.
(3) Responsibilities of intermediary service providers are governed by Articles 15-20.
(4) The simple transmission (mere conduit) (Article 15). 1. Where the provision of information society service consisting of transmitting a communication network of information provided by the recipient of the service, or providing access to a network, the service provider is not liable for the information transmitted if the service provider:
  • does not initiate the transmission
  • does not select or modify the content of information transmitted
  • does not select the receiver of the transmission
2. The acts of transmission and provision of access under paragraph 1 of this Article shall include the automatic, immediate and temporary information transmitted only monitoring the transmission in a communication network, providing storage of information as long as necessary for transmission.
(5) Temporary storage of information (Caching) (Article 16). When transmitting information in a communication network, the service provider that offers the transmission of information, is not responsible for temporary storage, intermediate and automatic, perform only to increase the efficiency of information transmission to other recipients of the service, at their request, if the offeror:
  • does not modify the information;
  • satisfies / acting in accordance with the terms of access to information;
  • meet / comply with the rules for updating the information in a specified manner, well known and widely used;
  • does not interfere through the use of legal technology known and widely used by electronic communications industry, to obtain data on the use of information;
  • act expeditiously to remove or disable access to the information stored, as recognized by the fact that the information at the initial source of the transmission has been removed from the network, access has been disabled or responsible authorities have ordered the removal or deactivation.
(6) Hosting (Article 17). 1. "Where an information society service consisting of the storage of information provided by the recipient of the service, the service provider of the information society is not responsible for the information stored at the request of the recipient of the service, if the service provider:
  • does not or may not be aware of the illegal activity of the recipient or content of information and, as regards claims for damages, it is not aware of facts or circumstances from which the information derived or illegal activity;
  • upon receipt of this information, acts expeditiously to remove or disable access to the information.
2. Paragraph 1 of this Article shall not apply when the recipient of the service is acting on behalf or under the control of the service provider.
(7) Information search tools (Article 18). Service providers, who create, through electronic means, access to information to third parties are not responsible for this information, if:
  • they did not know or may not be aware of the illegal activity of the recipient or about data that contains information;
  • by making aware of illegal activity or data, remove or deactivate access to this data.
(8) Cessation or prevention of violations (Article 19). Notwithstanding the provisions provided in the law, in particular Articles 15, 16, 17 and 18, the service provider is required to terminate or prevent an infringement, if requested by the court or by the responsible authorities, in accordance with legislation in power.
(9) Obligations of the service provider (Article 20). 1. Providers of information society services have no obligation to monitor the information they transmit or store, as well as the investigation of facts or situations that indicate an illegal activity. 2. Service information society immediately notify authorities if they have reasonable suspicions that service users:
  • they are carrying out illegal activities;
  • reported illegal information.
3. Service providers’ responsible bodies were present at their request and in accordance with applicable law, all information that enables identification of the recipients of these services.
Topic, claim, or defense
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Cache Provider
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)