SloveniaZIUETDS (Act Implementing the Digital Services Act), Court Procedure for Removing Illegal Content (Articles 11 and 17)
ZIUETDS, Uradni list RS, št. 30/2024, 11. in 17. člen
In force since .
A notice and action rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- If you are a hosting service provider, remove, disable or restrict access to the online interface that a District Court order under Article 17(3) of the ZIUETDS names.
- If you are a mere-conduit provider, restrict access to the online interface, or display an express warning of the infringement on it, as a District Court order under Article 17(3) requires.
- If you are a domain registry or registrar, delete the named domain name, or temporarily delete the name servers for it, as a District Court order under Article 17(3) requires.
Who enforces it
Enforcement body
The District Court in Ljubljana, which decides on the removal of illegal content under Article 17(1), and a single judge of the competent district court, who decides on a supervisory body's request for a temporary restriction of access under Article 11.
What this law does
Article 17(1) provides that, where the procedural options for removing illegal content under the Regulation are exhausted and no other law provides otherwise, the District Court in Ljubljana (Okrožno sodišče v Ljubljani) decides on the removal of illegal content. Article 17(2) has the court decide on the motion of a recipient of the service.
Article 17(3) lets the court order a hosting provider to remove, disable or restrict access to the online interface, order a mere-conduit provider to restrict access or display a warning about the infringement on the interface, and order domain registries or registrars to delete a domain name or temporarily delete its name servers. Article 17(7) requires the court to choose the measure that least burdens the provider of intermediary services and only to the extent necessary to achieve the goal.
Article 17(8) requires the court to decide on the motion within 30 days of receiving it and provides that an appeal does not suspend execution. Article 11 has a single judge of the competent district court decide on a supervisory body's request for a temporary restriction of access under Article 51(3) of the Regulation.
When LexLint raises it
When your app profile says your app operates a social platform.