keyboard_tab Digital Service Act 2022/2065 EN
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- 1 Art. 4 ‘Mere conduit’
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- transmission 7
- information 5
- does 3
- provided 3
- shall 3
- communication 3
- network 3
- select 2
- service 2
- transmitted 2
- provider 2
- access 2
- provision 2
- affect 1
- longer 1
- period 1
- than 1
- stored 1
- reasonably 1
- necessary 1
- this 1
- carrying 1
- article 1
- article 1
- member state’s 1
- possibility 1
- judicial 1
- administrative 1
- authority 1
- accordance 1
- sole 1
- legal 1
- system 1
- require 1
- terminate 1
- prevent 1
- purpose 1
- include 1
- place 1
- receiver 1
- where 1
- information_society_service 1
- consists 1
- recipient_of_the_service 1
- liable 1
- accessed 1
- condition 1
- provider: 1
- initiate 1
- modify 1
Article 4
‘ Mere_conduit’
1. Where an information_society_service is provided that consists of the transmission in a communication network of information provided by a recipient_of_the_service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted or accessed, on condition that the provider:
| (a) | does not initiate the transmission; |
| (b) | does not select the receiver of the transmission; and |
| (c) | does not select or modify the information contained in the transmission. |
2. The acts of transmission and of provision of access referred to in paragraph 1 shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.
3. This Article shall not affect the possibility for a judicial or administrative authority, in accordance with a Member State’s legal system, to require the service provider to terminate or prevent an infringement.
whereas