Ekertv. (Act on Electronic Commerce Services), Section 13, Notice and Removal of Infringing Information
Ekertv. 13. § értesítés és eltávolítás, 2001. évi CVIII. törvény
In force.
A notice and action rule binding private bodies.
- Obligation class
- Prohibition, Disclosure
As of .
What it requires
- If you are a service provider within Section 2 point 13 sub-points b) to d), act within 12 hours of a rights holder's notice that meets Section 13(2): block access to the information or remove it, tell the affected user in writing within three working days, and state on whose notice you acted (Section 13(4)).
- Make the information accessible again without delay when the affected user objects within eight days, and send the objection to the rights holder, unless a court or authority ordered the removal (Section 13(7)).
- Block or remove the information again within 12 hours of receiving a court's interim measure where the rights holder filed within 10 working days of the notice about the objection, and inform the affected user within one working day (Section 13(9)).
What this law does
Section 13(1) lets a rights holder whose copyright, related right, database right or trademark right is infringed by information a service provider has made accessible call on the provider, by a notice in a fully probative private or public document, to remove the infringing information.
Section 13(2) requires the notice to identify the subject of the infringement and the facts that make it probable, the data needed to identify the information, and the rights holder's name, address, telephone number and email address. Section 13(4) requires the provider, within 12 hours of receiving the notice and with written information to the affected user within three working days, to block access to the information or remove it and to state on whose notice the removal was made.
Section 13(6) lets the affected user object within eight days of that information, in a fully probative private or public document. Section 13(7) requires the provider on receiving the objection to make the information accessible again without delay, and to notify the rights holder by sending the objection, unless a court or authority ordered the removal.
Section 13(9) requires the provider, if the rights holder within 10 working days files for an interim injunction, a payment order or a criminal complaint, to block or remove the information again within 12 hours of receiving the court's interim measure. Section 13(12) provides that the provider is not liable for the effective execution of the removal if it acted in good faith in accordance with paragraphs 4 and 9.
When LexLint raises it
When your app profile says your app operates a social platform.