Electronic Transaction Proclamation, take-down notification
Electronic Transaction Proclamation No. 1205/2020, art. 27 (take-down notification)
In force.
A notice and action rule binding public and private bodies.
As of .
What it requires
- Remove or disable access to hosted information expeditiously upon receipt of a take-down notification under article 27, or lose the article 25 limitation on liability for stored information.
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 27(1) provides that a person who has complaints about information made available to third parties shall notify the complaints about the unlawful activity, in writing, to the intermediary or to the concerned service provider or its designated agent.
Article 27(2) provides that the notification includes the complainant's full name, address, telephone number and electronic mail contacts, the complainant's written or electronic signature, and the rights that have been infringed and the justification of the unlawful activity. Article 27(2) also provides that the notification includes the remedial action required to be taken in order to resolve the dispute and a statement by the complainant that the information provided is true and correct.
Article 27(3) makes a person who lodges a notification knowing that it materially misrepresents the facts liable for damages for wrongful take-down. Article 27(4) provides that an intermediary is not liable for a takedown in response to a wrongful notification. Article 25(1)(c) makes acting expeditiously to remove or disable access to the information upon receipt of a take-down notification under the Proclamation a condition of the hosting limitation on liability.
When LexLint raises it
When your app profile says your app operates a social platform.