Law No. 20.435,

Amending the Intellectual Property Law
Document type
Together with new copyright exceptions and limitations and the new rules for collecting societies’ tariff procedures, this amendement establishes a regime of limitations on liability for information service providers, as defined in Artice 5 Y. A number of Articles deal specifically with intermediary liability. Article 85 L provides a liability limitation for ISPs as long as they comply with the conditions and requirements of this law, regardless of potential regular civil liability. Article 85 M provides general conditions for limiting liability of transmission, routing, or connection providers that do not modify or select content, or initiate or select the destination of transmissions. Article 85 N provides general conditions for limiting liability among caching service providers that respect access and update conditions, do not interfere with access technology, do not modify content, and remove infringing materials upon legal request. Article 85 Ñ provides general conditions for limiting liability of hosting providers that do not have effective knowledge of infringing data, do not gain direct economic benefit from infringement while having the authority and ability to control it, publicly designate a representative to receive notices, and remove or block content upon legal request. Effective knowledge means an unexecuted and properly notified court order. Article 85 O establishes general conditions to limit liability for all providers except search engines, such having public conditions to enact the right to terminate agreements with repeat infringers, not interfering with TPM or RMI, and not generating or selecting content or receivers of it. Article 85 P establishes no obligation to monitor content for online intermediaries. Art. 85 Q regulates the removal procedure, including the formalities of requests (regular lawsuit requirements, plus rights, contents and URL identification), court order notice, possibility for opposition. Articles 85 R, 85 S and 85 T provide additional procedural rules for removal. Article 85 U provides notice and counter-notice conditions and requirements.
Topic, claim, or defense
Other IP
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Web Host (Technical Hosting)
Internet Access Provider (Including Mobile)
Cache Provider
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order