Q&As

What is the impact of the limitations of liability set out in the E-Commerce Directive no longer applying to UK intermediary service providers who offer online services within the EEA from 1 January 2021?

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Produced in partnership with Heidi Hurdle of Fieldfisher
Published on LexisPSL on 11/01/2021

The following TMT Q&A produced in partnership with Heidi Hurdle of Fieldfisher provides comprehensive and up to date legal information covering:

  • What is the impact of the limitations of liability set out in the E-Commerce Directive no longer applying to UK intermediary service providers who offer online services within the EEA from 1 January 2021?

Taking the example of a UK online service provider (operating from a UK data centre), wishing to rely on the caching defence in Article 13 of Directive 2000/31/EC (the EU E-Commerce Directive). In response to a claim brought against it by a French claimant, is it correct that the most likely interpretation (acknowledging that this is an area which has not been tested and the courts may come to a different interpretation) is that:

  1. as the ‘country of origin’ principle will no longer apply, the UK online service provider could not rely on the Electronic Commerce (EC Directive) Regulations 2002 (the UK E-Commerce Regulations), SI 2002/2013, reg 18, as retained, defence under the UK’s implementation of the EU E-Commerce Directive

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