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The Electronic Commerce (EC Directive) Regulations 2002

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18.  Where an information society service is provided which consists of the transmission in a communication network of information provided by a recipient of the service, the service provider (if he otherwise would) shall not be liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that transmission where—

(a)the information is the subject of automatic, intermediate and temporary storage where that storage is for the sole purpose of making more efficient onward transmission of the information to other recipients of the service upon their request, and

(b)the service provider—

(i)does not modify the information;

(ii)complies with conditions on access to the information;

(iii)complies with any rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(iv)does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and

(v)acts expeditiously to remove or to disable access to the information he has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

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