European Data Protection Digest

EFF to Commission: Clarify ISP Safe Harbor Provision

PRIVACY LAW—EU

November 25, 2010

The Electronic Frontier Foundation has recommended that the European Commission clarify that intermediaries not be considered to have "actual knowledge" requiring them to take down content unless a court order or notification requires them to do so, according to an Electronic Frontier Foundation press release. The recommendation is part of the commission's public consultation on the workability of the 2000 EU eCommerce Directive, the report states, which regulates Internet activity in the EU. Clarifying the directive's safe harbor provision limiting intermediaries' liability for content is essential to protecting privacy and preventing monitoring of user communication on platforms, according to the EFF, which also seeks clarification on when court orders requiring communication monitoring can be used. 
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