EuroISPA publishes principles for the new EU intermediary liability framework

EuroIPSA, an association of Internet Service Providers (ISPs) representing over 2.500 ISPs across the EU and EFTA countries, has published 17 principles for legal development in the context of revision of the EU intermediary liability rules. One of the new Commission’s political priorities is to set the Digital Services Act that may revise the e-commerce directive. In this regard, EuroISPA’s members propose a business-oriented regulatory framework for the new regulatory framework. The principles include the preservation of limited exemption from secondary liability, anonymity on the internet, freedom to provide lawful services, horizontal scope of the new instrument, protection of SMEs and startups, maintenance of certain existing intermediary categories, creation of a new category for online platforms distinguishing pure hosting service providers from algorithm-driven service providers with more control over the content that they host, balanced good Samaritan clause, limitation of access blocking,  limits of liability, due process, safeguards to fundamental rights, regulation of complaint making, private trusted flaggers and proportionated sanctions for non-compliance.