Hungary2023. évi CIV. törvény (Act CIV of 2023 on Intermediary Services), Civil Liability and Remedies (Section 3(2) to (4))
2023. évi CIV. törvény, 3. § (2)-(4)
In force since .
An intermediary liability rule binding private bodies.
- Obligation class
- Governance
As of .
What it requires
- Apply your terms and conditions under Article 14 of the Regulation, respect the fundamental rights Article 14(4) names, and decide complaints and act under Articles 16(5) and 17(1) of the Regulation in line with it; a service recipient may bring a civil action against you in Hungary over a breach (Section 3(3)).
What this law does
Section 3(2) applies the rules of the Civil Code (Polgári Törvénykönyv) on liability for damage caused by breach of contract to claims for compensation under Article 54 of the Regulation.
Section 3(3) lets a service recipient bring civil proceedings against an intermediary service provider over a breach of its terms and conditions under Article 14 of the Regulation, a breach of the fundamental rights named in Article 14(4), a decision or measure under Article 16(5) or Article 17(1), and a decision on a complaint in an online platform's internal complaint-handling system.
Section 3(4) lets a consumer sue a provider established in another Member State before the court of the consumer's own residence, unless the parties agreed otherwise in accordance with Article 19 of Regulation (EU) No 1215/2012. Section 23(1) provides that the Act takes effect on .
When LexLint raises it
When your app profile says your app operates a social platform.