SpainLey 34/2002 de servicios de la sociedad de la información y de comercio electrónico (LSSI), Liability of Hosting Providers (Article 16)
Ley 34/2002, de 11 de julio, art. 16
In force since .
An intermediary liability rule binding private bodies.
As of .
What it requires
- To keep the exemption from liability for information stored at the request of a recipient of your service, have no actual knowledge that the activity or the stored information is unlawful or injures the goods or rights of a third party that can be compensated, or, if you have such knowledge, act diligently to remove the data or make access to it impossible (Article 16(1)).
- The article treats you as having actual knowledge when a competent body has declared the data unlawful, ordered its removal or the disabling of access to it, or declared that the injury exists, and you knew of that resolution, without prejudice to voluntary detection and removal procedures and other means of actual knowledge (Article 16(1)).
- The exemption does not apply where the recipient of your service acts under your direction, authority or control (Article 16(2)).
What this law does
Article 16(1) exempts providers of an intermediary service that consists of hosting data supplied by the recipient of the service from liability for information stored at the recipient's request, provided they have no actual knowledge that the activity or the stored information is unlawful or injures the goods or rights of a third party that can be compensated, or, if they have knowledge, act diligently to remove the data or make access to it impossible.
The article treats the provider as having actual knowledge when a competent body has declared the data unlawful, ordered its removal or the disabling of access to it, or declared that the injury exists, and the provider knew of that resolution. Article 16(2) withholds the exemption where the recipient of the service acts under the direction, authority or control of the provider. Final provision 2.18 of Real Decreto-ley 9/2024, de 23 de diciembre, suppressed the article.
A resolution of published the agreement of the Congreso de los Diputados repealing that decree-law, and the consolidated text records that the suppression has no effect.
When LexLint raises it
When your app profile says your app operates a social platform.