LIABILITY OF OFFERS OF INTERNET SERVICES

The liability of providers of internet services is regulated by law. A service provider that only transmits information from others is never liable for that information.

With a hosting provider, he is not liable if he removes the information as soon as it turns out to be unlawful. However, providers may be required to provide address details of customers. The following topics are important here:

ACCESS OR STORAGE

For liability, it makes a difference whether only communication services are provided, or whether information is stored and transmitted.

Those who only provide access to a communications network and pass on information to and from their customers without saving anything, are legally called an access provider. An access provider is never liable for what he passes on.

Internet providers, but also telephony providers, can safely leave their customers online thanks to this legal protection (article 6: 196c BW). However, the provider loses his protection if he determines to whom the information is transmitted, or if he filters, modifies or selects what is allowed. He is, of course, also liable for information that the provider himself distributes.

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LIABILITY ON STORAGE

Those who store and pass on information are legally called a hosting provider. Not only is a 'real' hoster covered by this definition, but also a web forum or chat box where people can discuss with each other.

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NOTICE AND TAKEDOWN

Making a cloud service provider accountable for everything that customers put online would go too far and greatly deter the provision and development of cloud services. Conversely, however, it is also not desirable that illegal cases remain online if the controller is not available.

That is why the legal requirement has been introduced that a provider who actually knows illegal information must remove it or make it inaccessible. If he does, he will not be liable for the time it was there. If he leaves it, he can be contacted himself for the damage caused by that information.

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INDISPENSABLE AGAINST THE LAW

Determining whether something is punishable or unlawful is a difficult issue. If the judge says it, then it is clear. But if it is "unmistakable" that information violates the law, then the provider must act immediately and not wait until that court has commented on it. In other words: if everyone immediately understands that this information is not possible, then it must go.

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