International Journal of Tourism, Travel and Hospitality Law 2023

DIGITAL MARKETS ACT AND DIGITAL SERVICES ACT Note that certain providers of intermediary services intermediate in relation to services that may or may not be provided by electronic means, such as remote information technology services, transport or accommodation services. Digital Service Act should apply only to intermediary services and not affect requirements set out in Union or national law relating to products or services intermediated through intermediary services, including in situations where the intermediary service constitutes an integral part of another service which is not an intermediary service as recognised in the case-law of the Court of Justice of the European Union8. Digital Service Act deletes Articles 12-15 in the e-Commerce Directive and reproduces them in the Regulation. Article 14(1) of Directive 2000/31 determinated the exemption from liability for the content it stores, under certain conditions, namely a) the provider does not know of illegal activities or information and b) upon knowing, acts to remove or to disable access to the information. This was not apply when the service recipient was acting under the provider’s authority or control [art. 14(2)], and, under article 14(3), “This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States’ legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.”. Digital Services Act builds on the provisions laid down in the e-Commerce Directive and reproduces article 14 of Directive 2000/31 in article 6: Article 6 Hosting 1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, the service provider shall not be liable for the information stored at the request of a recipient of the service, on condition that the provider: (a) does not have actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; or (b) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal content. 8 See, Whereas 6 Digital Service Act.