What Providers of Web 2.0 Platforms Should Observe…

The following guidelines are the result of a comparative research study conducted at the University of Luxembourg (www.uni.lu) in partnership with the Centre de Recherche Public Henri Tudor (www.tudor.lu) and funded by the Fonds National de la Recherche Luxembourg (www.fnr.lu). The legal part of project focused on issues associated with the hosting of Internet content, thereby examining the liability regimes of several EU Member States. The results of that study will be published in a separate book as this document only summarizes the main results in a user-guide-style.

As the laws governing user-generated content are not uniform within the European Union, the guidelines listed below take into account the strictest approach possible towards the subject matter; some national laws may be less strict. Please be aware that the interpretation of some legal provisions might be subject to change - especially given the frequency of new decisions by the courts.

These general guidelines are intended to highlight some of the potential risks that an Internet content or service provider might face. This document should not be considered legal advice and does not reduce the need for individual legal assessments given specific circumstances and jurisdictions.

1. The Distinction Between Host and Content Provider
2. Required Action Towards Illegal Content Uploaded by a Third Party
3. Users that Act Under the Authority or Control of the Service Provider
4. Obligations to Monitor or Filter Third Party Content
5. Hyperlinks
6. Terms of Use
7. Disclaimer
8. Registration
9. Data Protection
10. Legal Form of a Service Provider
11. Liability for Wrongful Content
12. Medical and Health-related Information Services
13. News Aggregation Services
14. Jurisdiction

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