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The liability exemptions/defences under the E-Commerce Regulations 2002

This Practice Note sets out the position on the liability of providers of intermediary services for unlawful and illegal content that is shared or transmitted via their services, and the conditional exemptions from liability set out in the Electronic Commerce (EC Directive) Regulations 2002 (the E-Commerce Regulations 2002), SI 2002/2013. The E-Commerce Regulations 2002 implemented Directive 2000/31/EC (the EU E-Commerce Directive) so these exemptions originally derive from EU law and are classed as assimilated law from the end of 2023. This Practice Note also considers how the UK position regarding the exemptions has or may diverge from the E-Commerce Directive.The E-Commerce Regulations 2002 contain exemptions from liability in respect of unlawful or illegal content which apply to information society service providers (ISSPs) providing intermediary services.This Practice Note does not consider in detail the regulatory framework for ISSPs in the EU. For consideration of the EU position, see Practice Note: The liability exemptions/defences under the EU Digital Services Act.Background and divergenceThe position in the UKThe EU E-Commerce Directive deals with certain...

Information society services and e-commerce

FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, Schedule 18 (which is not yet in force) will amend the Enterprise Act 2002 (EnA 2002) so as to omit Part 8, which affects this Practice Note. Once omitted, the provisions presently contained in the EnA 2002, Part 8 will be replaced by DMCCA 2024, Part 3, Chapters 3 and 4. This Practice Note will be updated for this change in due course.For further information on enforcement powers under the DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.This Practice Note describes the Electronic Commerce (EC Directive) Regulations 2002 (E-Commerce Regulations 2002), SI 2002/2013 as they apply to businesses established in the UK, including key definitions, obligations and statutory defences.Background and divergenceThe position in the UKThe E-Commerce Regulations 2002 gave effect in the...