SpainLey 34/2002 de servicios de la sociedad de la información y de comercio electrónico (LSSI), Liability of Providers of Links and Search Tools (Article 17)
Ley 34/2002, de 11 de julio, art. 17
In force since .
An intermediary liability rule binding private bodies.
As of .
What it requires
- To keep the exemption from liability for the information you direct users to through links, directories or search tools, have no actual knowledge that the activity or the information you refer to or recommend 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 delete or disable the link (Article 17(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 17(1)).
- The exemption does not apply where the content provider you link to, or whose location you supply, acts under your direction, authority or control (Article 17(2)).
What this law does
Article 17(1) exempts providers of information society services that provide links to other content, or include directories or search tools for content, from liability for the information they direct recipients to, provided they have no actual knowledge that the activity or information they refer to or recommend is unlawful or injures the goods or rights of a third party that can be compensated, or, if they have knowledge, act diligently to delete or disable the link.
The article treats the provider as having actual knowledge on the same terms as article 16(1), 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 17(2) withholds the exemption where the content provider that is linked to or located acts under the direction, authority or control of the provider that supplies the location.
Final provision 2.18 of Real Decreto-ley 9/2024, de 23 de diciembre, suppressed the article, and the agreement of the Congreso de los Diputados repealing that decree-law was published by a resolution of .
When LexLint raises it
When your app profile says your app reuses other publishers' content.