Regimul de notificare și acțiune pentru furnizorii de servicii de găzduire (HOSTING) – Privire comparativă Digital Millennium Copyright Act (DMCA) – Digital Services Act (DSA)
The notice and act regime for hosting service providers – Digital Millennium Copyright Act (DMCA) – Digital Services Act (DSA) comparison

Summary/Abstract: The article briefly presents and compares the provisions related to the notice and action mechanism and its ancillary elements, regarding the right to information and the restriction of illegal content, in the Digital Millennium Copyright Act (17 U.S.C. Art. 512) and, respectively, in the Digital Services Act (EU Regulation 2065/2022 on digital services). Both normative acts provide for the exclusion in principle of the liability of providers of information society intermediary services for the content regarding which they offer such services, but also the conditions under which such exclusion of liability ceases, as well as other obligations of these providers, that aim to properly balance the need for the smooth functioning of the Internet and electronic communications and the lack of control over the behavior of service recipients, on the one hand, with the rights and interests of intellectual property rights holders and other legitimate rights and interests that must be protected online, on the other hand.

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