GermanyDigitale-Dienste-Gesetz (Digital Services Act Implementation Act), Sections 7 and 8, Limited Liability and Blocking Claim
In force since .
An intermediary liability rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Access restriction
As of .
What it requires
- If you provide only the transmission of information a user supplies in a communications network, or access to a communications network, and a user used your service to infringe an intellectual property right, block the use of the information at the right holder's request where the right holder has no other way to remedy the infringement and the blocking is reasonable and proportionate (section 8(1) and (2)).
- Comply with court or authority orders to remove information or block its use; section 8(4) leaves them untouched even where you have limited responsibility under Articles 4 to 6 of the Digital Services Act and section 7.
- Do not deliberately collaborate with a user of your service to commit unlawful acts or to infringe another's intellectual property: the protection in section 7(3) and the exclusion of costs in section 8(3) do not apply if you do.
- If you give users internet access over a wireless local network, an authority may not require you to register users, to demand a password before access or to stop offering the service permanently; identifying users, requiring a password or taking other measures is voluntary (section 7(2)).
What this law does
Section 7(1) applies Articles 4 to 8 of the Digital Services Act to all providers of digital services, including public bodies, whether or not a fee is charged for use. Under section 7(2), an authority may not require a provider that gives users internet access over a wireless local network to register users, to demand a password before granting access, or to stop offering the service permanently.
Such providers may nevertheless identify users, require a password or take other voluntary measures. Under section 7(3), a provider that is not liable under Article 4 of the Digital Services Act also cannot be held liable for damages, removal or an injunction because of a user's unlawful act, or for the costs of asserting those claims. That protection does not apply where the provider deliberately collaborates with a user of its service to commit unlawful acts.
Section 8(1) gives the holder of an intellectual property right a claim against a provider whose digital service transmits information provided by a user in a communications network, or gives access to a communications network, to demand that the use of information be blocked to prevent repetition, where a user used the service to infringe the right and the holder has no other way to remedy the infringement. The blocking must be reasonable and proportionate.
Section 8(3) excludes a claim against the provider for pre-court and court costs of asserting the blocking claim unless the provider deliberately collaborates with a user of its service to infringe another's intellectual property. Section 8(4) leaves untouched, even where the provider has limited responsibility under Articles 4 to 6 of the Digital Services Act and section 7, obligations under the general laws to remove information or block its use that rest on court or authority orders. Article 37(2) of the enacting act repealed the Telemediengesetz of when the Act took effect.
When LexLint raises it
When your app profile says your app operates a social platform.