Electronic Transaction Proclamation, limitations on the liabilities of intermediaries

Article 2(23) defines an intermediary as a person who, on behalf of another person, sends, receives or stores an electronic message or provides other services with respect to that electronic message. Article 23 provides that an intermediary supplying services of transmission of information, or offering access to online public communication, is not held liable for the information transmitted on condition that it does not monitor the online communication and does not initiate the transmission.

Article 23 also conditions that protection on the intermediary not selecting the receiver of the transmission and not selecting or modifying the information contained in the transmission.

Article 24 provides that an intermediary is not liable for the automatic, intermediate and temporary storage of an electronic record made to make the onward transmission of the electronic message more efficient to other recipients who requested it, as long as the intermediary meets the conditions the article lists. Article 24 lists as one of those conditions that the intermediary removes or disables access to the electronic message it has stored upon receiving a take-down notice.

Article 25(1) provides that an intermediary that provides a service comprising the storage of electronic messages is not liable for damages arising from information stored, as long as it is not aware that the information infringes the right of third parties, it took all necessary measures to withdraw the information or make access to it impossible immediately after becoming aware of its unlawful character, or upon receipt of a take-down notification it acts expeditiously to remove or disable access to the information.

Article 25(2) denies that limitation on liability to a service provider unless it has designated an agent to receive notifications of infringement and has provided through its services, including on its website, the agent's name, address, phone number and email address. Article 25(3) provides that the limitation in article 25(1) does not apply if the recipient of the service works with the service provider.

Article 26 provides that an intermediary is not liable for damages incurred when it refers or links users to a website containing infringing electronic messages or infringing activities, where the conditions the article lists are met. Article 26 lists among those conditions that the intermediary removes, or disables access to, the information relating to the electronic message within a reasonable time after being informed that the electronic message infringes the rights of third parties.