Liability and Exemptions of Internet Service Providers (ISPs): Assessing the EU Electronic Commerce Legal Regime

Computer and Telecommunications Law Review, Vol 24, Issue 1, 2018, pg 6 - 12

21 Pages Posted: 11 Jun 2018

See all articles by Adebola Adeyemi

Adebola Adeyemi

Centre for Law and Business (CLB); PAC Solicitors

Date Written: February 5, 2018

Abstract

E-commerce has grown exponentially in recent years. For instance, the European e-commerce market broke the €500 billion mark in 2016, with the UK accounting for around €157 billion.1 These numbers reflect the increasing importance of e-commerce to the growth of the e-commerce regime and strengthening the harmonisation efforts within the EU ISP regulatory regime. In continuing the push towards harmonisation, it is important to consider the liability regime with respect to the activities of ISPs and available exemptions.

Liability for online information can arise with respect to trade marks, privacy, copyright, trade secrets, defamation and unfair competition. This article examines the exemptions available to internet service providers (ISPs) under the EU electronic liability regime. The article will use the term “ISP” to capture service providers as described in Directive 2000/31. The article proceeds as follows. First, it provides a definition of an ISP and describes their activities. Secondly, it discusses the legal regime governing the activities of ISPs. Thirdly, it discusses the exemptions provided under arts 12 to 15 concerning the liability of ISPs as it relates to their activities. Lastly, the paper concludes by highlighting that it is necessary to balance the responsibilities and activities of ISPs against the intellectual property (IP) rights of owners of materials that is shared through the platform of ISPs.

Keywords: internet service providers, ISP, eCommerce, electronic liability regime, intellectual property, eCommerce directive

JEL Classification: K10, K19, K20

Suggested Citation

Adeyemi, Adebola, Liability and Exemptions of Internet Service Providers (ISPs): Assessing the EU Electronic Commerce Legal Regime (February 5, 2018). Computer and Telecommunications Law Review, Vol 24, Issue 1, 2018, pg 6 - 12. Available at SSRN: https://ssrn.com/abstract=3172732 or http://dx.doi.org/10.2139/ssrn.3172732

Adebola Adeyemi (Contact Author)

Centre for Law and Business (CLB) ( email )

Victoria Island
Lagos, 101241
Nigeria

PAC Solicitors ( email )

Victoria Island
Lagos, 101241
Nigeria

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
268
Abstract Views
1,119
rank
120,004
PlumX Metrics