Liability Providers
Tags: aansprakelijkheid, access provider, forum, hosting provider, notice and takedown, provider, providers, responsibility.
According to Section 6: 196c of the Dutch Civil Code, providers can be liable for the information they store. The law distinguishes between the access provider and the hosting provider.
Access Provider
The access provider only passes on information. The best-known example of an access provider is an internet provider. An access provider is not liable for the passing on of information (of an unlawful nature) if the provider only acts as a conduit (mere conduit).
If the provider selects or changes the information, the provider can be held liable for this.
Hosting provider
In addition to the transmission of information, the hosting provider also stores the information. Further, for example, web hosting, forums are also included. A hosting provider is liable if it knew or should have known that the relevant one was unlawful.
Notice and takedown
Many hosting providers use the notice and takedown system for this. After a complaint, the provider assesses whether it is plausible that the information is unlawful. If so, they take the information offline.
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