Uruguay: Liability of Intermediary Service Providers in the Directive on electronic commerce.

Liability of Intermediary Service Providers in the Directive on electronic commerce

1.Introduction

The growing of the e-commerce in the last years has been extremely fast. By the year 2000, it worth 17 billion euro and it is expected to reach 340 billion euro by year 2003.[1] These numbers reflects the importance of this sector in the construction of the internal market. Therefore, it seems inevitable to try to reach the high level of harmonization in all the issues related to this activity, with due regard of the principle of subsidiarity.

In this paper, I will be dealing with a key element in the development of e-commerce initiatives within the European Union: the liability of intermediary service providers (ISPs). Thus, the structure of the paper is as follows. First of all, the main aims of the Directive and some important concepts will be described. Then, I will examine the different types of liability in which ISPs can fall, the areas of liability that can be touched through ISPs activities and the diverse roles that ISPs can play. After that, and turning into the core of the paper, I will discuss the liability of ISPs within the activities covered by the Directive. Finally, some recommendations in order to improve the Directive effectiveness in the light of the Digital Millennium Copyright Act (DMCA) of the United States, because it has been the source of many of the Directive provisions, will be made.

2.Aims of the Directive on e-commerce

Generally speaking the Directive on electronic commerce aims[2] are -inter alia- to develop information society services (ISS), ensure legal certainty and consumer confidence through the coordination of national laws and the clarification of legal concepts in this regard to the extent necessary for the proper functioning of the internal market in order to create a legal framework to ensure the free movement of ISS between Member States. This specific free movement of services is part of a general principle of Community law, namely freedom of expression as enshrined in article 10(1) of the European Convention on Human Rights and Fundamental Freedoms, and it is subject only to restrictions expressed in paragraph 2 of that article[3] and in article 46 (1) of the EC Treaty.[4]

More specifically, the Directive aims regarding liability issues[5] are to streamline the functioning of the internal market, enhancing the development of...

If you are already a vLex customer, Access Here