Hosting

KOUKAL, Pavel. Hosting. In Paul Torremans. Elgar Encyclopedia of Intellectual Property Law. Cheltenham: Edward Elgar, 2024. Available from: https://dx.doi.org/10.4337/9781800886933.

Basic information

• Original name: Hosting
• Authors: KOUKAL, Pavel.
• Edition: Cheltenham, Elgar Encyclopedia of Intellectual Property Law, 2024.
• Publisher: Edward Elgar

Other information

• Original language: English
• Type of outcome: Chapter(s) of a specialized book
• Field of Study: 50501 Law
• Country of publisher: United Kingdom of Great Britain and Northern Ireland
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.4337/9781800886933
• Keywords in English: hosting services; safe harbour regime; e-Commerce Directive (EC) 2000/31); Copyright in the Digital Single Market (CDSM) Directive; Digital Services Act (DSA)
• Tags: International impact, Reviewed

Abstract

This entry explores the concept of hosting within EU copyright law, covering services such as web hosting, social media platforms, cloud storage, and video sharing. The EU's e-Commerce Directive ((EC) 2000/31) establishes a 'safe harbour' regime, shielding hosting providers from liability for user-uploaded content if certain conditions are met, such as acting promptly upon gaining actual knowledge of illegal content and avoiding general monitoring obligations. Influenced by the U.S. DMCA, this regime has led to varied applications across Member States, with Germany imposing intermediary liability for failing to prevent illegal activities, while France adheres strictly to safe harbour provisions for purely technical intermediaries. Recent legal developments, including the Copyright in the Digital Single Market (CDSM) Directive and the 2022 Digital Services Act (DSA), impose stricter obligations on online content-sharing service providers (OCSSPs) to prevent copyright infringement and enhance transparency and accountability. The CJEU has sought to harmonize these principles, emphasizing a balance between freedom of expression and intellectual property protection. This entry highlights the evolving nature of hosting in EU copyright law, balancing the protection of intellectual property rights with the fundamental freedoms of service providers and users.