Duty LXD-5942
Publishes adult content, in the European Union
Each law's tag says when it binds: since in force from , in 4 weeks not yet in force
Audiovisual Media Services Directive (AVMSD), Articles 6a and 28bsince 3 lines
Directive 2010/13/EU, as amended by Directive (EU) 2018/1808, Articles 6a and 28b · Read the law's page
- This Directive binds member states, which must ensure that audiovisual media service providers and video sharing platform providers under their jurisdiction meet the duties below; they reach you through the national law that transposed it (transposition was due by ).
- Take appropriate measures, such as age verification tools, parental controls and restricted broadcast times, so that content that may impair minors' physical, mental or moral development is not normally seen or heard by them; the strictest measures apply to the most harmful content, such as gratuitous violence and pornography.
- Do not process minors' personal data that you collected or generated through the protection measures above (for a video sharing platform, its age verification and parental control systems) for commercial purposes such as direct marketing, profiling or behaviourally targeted advertising.
AI Act, Article 5 (prohibited AI practices)since 8 lines
Regulation (EU) 2024/1689, Article 5 · Read the law's page
- Do not place on the market, put into service, or use an AI system that deploys subliminal, manipulative or deceptive techniques to materially distort a person's behaviour in a way that causes or is reasonably likely to cause significant harm.
- Do not place on the market, put into service, or use an AI system that exploits a person's or group's vulnerabilities due to age, disability, or social or economic situation, to materially distort their behaviour in a way that causes or is reasonably likely to cause significant harm.
- Do not place on the market, put into service, or use an AI system to evaluate or classify people by social behaviour or personal characteristics in a way that leads to unjustified or unrelated detrimental treatment (social scoring).
- Do not place on the market, put into service for this specific purpose, or use an AI system to assess or predict a person's risk of committing a crime based solely on profiling or personality traits, unless it supports a human assessment already based on objective, verifiable facts directly linked to criminal activity.
- Do not place on the market, put into service for this specific purpose, or use an AI system to build or expand facial recognition databases through untargeted scraping of facial images from the internet or CCTV footage.
- Do not place on the market, put into service for this specific purpose, or use an AI system to infer emotions in the workplace or in education, except for medical or safety reasons.
- Do not place on the market, put into service for this specific purpose, or use a biometric categorisation system that infers race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation from biometric data, other than any labelling or filtering of lawfully acquired biometric datasets based on biometric data, or categorising of biometric data in the area of law enforcement.
- Do not use 'real-time' remote biometric identification in publicly accessible spaces for law enforcement unless a Member State has provided for it in national law and the use is strictly necessary for a targeted search for specific victims of abduction, trafficking or sexual exploitation or for missing persons, for preventing a specific, substantial and imminent threat to life or physical safety or a genuine terrorist threat, or for localising or identifying a person suspected of an offence listed in Annex II that is punishable in the Member State concerned by a custodial sentence or detention order of at least four years' maximum; and, in the ordinary case, only after prior authorisation from a judicial or independent administrative authority, a completed fundamental rights impact assessment, and EU database registration. In a duly justified urgent case, use may begin before the authorisation is granted, if it is requested without undue delay and at the latest within 24 hours, and before the EU database registration, if it is completed without undue delay.when it serves a public body
Product Liability Directive, liability for defective products including softwarefrom , in 4 weeks10 lines
Directive (EU) 2024/2853 · Read the law's page
- The Directive does not apply to free and open-source software that you develop or supply outside the course of a commercial activity (Art. 2(2)).
- If you develop or produce software, or have it developed under your name or trademark, and make it available in the course of a commercial activity, you answer as its manufacturer for damage it causes by a defect (Arts. 4(1), 4(10) and 8(1)(a)).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control; a defect caused by their absence, or by software, updates or upgrades within your control, is not excused because it arose after you placed the product on the market (Art. 11(2)(b) and (c)).
- Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in deciding whether it is defective (Art. 7(2)(f)), and failing a mandatory product safety requirement that protects against the damage suffered presumes it defective (Art. 10(2)(b)).
- Account for what your product learns or acquires after release: the effect of any ability to continue to learn or acquire new features after it is placed on the market is weighed in deciding whether it is defective (Art. 7(2)(c)).
- Keep technical documentation you could produce if a court orders disclosure; failing to disclose presumes the product defective (Arts. 9(1), 10(2)(a)).
- If you are outside the EU, the importer or your authorized representative answers for the product in your place (Art. 8(1)(c)).
- If you substantially modify a product outside its manufacturer's control and then make it available on the market or put it into service, you are treated as its manufacturer (Art. 8(2)).
- Do not count on a contract term to limit or exclude your liability to an injured person; Article 15 bars it.
- Be able to show when you placed the product on the market or put it into service: you are not liable if you prove you did not, or that the defect probably did not exist at that time (Art. 11(1)(a) and (c)).