Legal framework for responsibility of providers of intermediate services in the European Union Cover Image

Правни оквир за одговорност пружалаца услуга посредовања на интернету у Европској унији
Legal framework for responsibility of providers of intermediate services in the European Union

Author(s): Jelena Ćeranić Perišić
Subject(s): EU-Legislation, Commercial Law
Published by: Институт за међународну политику и привреду
Keywords: Provider of intermediation services on the Internet;liability;electronic commerce;safe harbor regime;intellectual property rights

Summary/Abstract: The progressive development of digital technology and the beginning of the mass use of the Internet at the end of the 20th and the beginning of the 21st century contributed to the fact that a wide variety of content via the Internet became globally accessible. Thanks to the Internet, the classic concept of intellectual property protection based on a system of national territorially limited rights has been called into question. Since every action taken on the Internet automatically crosses national borders, i.e. has a global effect, the realization and protection of rights by the holder is difficult in terms of intellectual property rights. Considering the dynamics of the development of digital technology and the challenges it brings, in November 1998, the European Commission proposed the adoption of a directive whose purpose would be to regulate the services of the information society. Directive (EC) 2000/31 on some legal aspects of information society services, especially electronic commerce within the internal market was adopted on June 8, 2000. Section IV of the Directive is devoted to the responsibility of providers of mediation services. The same stipulates the conditions that must be met by the service provider, i.e. internet intermediary, in order to be able to enjoy immunity, i.e. exclusion of liability (the so-called safe harbor regime). The legislative framework of the Republic of Serbia in this area is fully harmonized with EU law.

  • Issue Year: 2022
  • Issue No: 79
  • Page Range: 95-108
  • Page Count: 14
  • Language: Serbian