INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW temporarily copy, or link, and which -in short- they manage. This exemption from liability only applies if they have not actively participated in the creation of the illegal content, or if they are aware of its illegality and act swiftly to remove it or prevent access26. At present, therefore, the digital platform – the data hosting service provider – is not obliged to investigate the legality of the content it hosts. If a competent judicial or administrative body orders it to remove the content or prevent access to it, it must do so immediately; it will not be liable for the illegal content hosted on it if it does not have actual knowledge of the illegality of the activities carried out through that channel. Actual knowledge of its unlawfulness can be obtained by any of the three means highlighted in the Law: Knowledge of a resolution issued by a competent body declaring the unlawfulness of the content and ordering its removal or that access to it be made impossible; Receipt of a notification sent following a procedure for the detection and removal of content to which the service provider has subscribed; Others that may be established by legal rule or agreement between the parties. The fact is that this order to remove allegedly infringing content should not be generic. When requiring these platforms to remove content that does not comply with the applicable rules, they should be told exactly what content they must remove. Giving them a generic order to remove advertisements that do not comply with a certain obligation would mean imposing on them the task of conducting active fact-finding and monitoring of the content hosted, which, as we have seen, would be contrary to Directive 2000/31 from which the LSSI derives. Therefore, intermediation service providers (such as these Sharing Economy platforms) are not, in principle, responsible for third-party content that they transmit, host, or provide access to However, they may incur liability if they take an active part in its production or if, being aware of the illegality of certain material, they do not act quickly to remove it or prevent access to it. Law 34/2002, of 11 July, on information society services and electronic commerce, BOE no. 166, of 12/07/2002. There are, in any case, two aspects, one formal and the other substantive (already studied), regarding the compliance of the Spanish regulations governing tourist dwellings with Directive 2000/31. The formal condition imposed by the Directive concerns the need to notify the European Commission of the establishment of any technical regulations and 26 Vid. Art. 16 Ley 34/2002, de Servicios de la Sociedad de la Información, BOE 12 July 2002, núm.166.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==