1. Articles 12 to 15 of Directive 2000/31/EC are deleted.
2. References to Articles 12 to 15 of Directive 2000/31/EC shall be construed as references to Articles 4, 5, 6 and 8 of this Regulation, respectively.
Article 89
Amendments to Directive 2000/31/EC
Understanding This Article
Article 89 repeals outdated E-Commerce Directive liability exemption provisions adopted in 2000 when internet landscape fundamentally differed from contemporary digital ecosystem, replacing them with modernized DSA framework addressing technological evolution while preserving substantive liability protections. E-Commerce Directive Articles 12-15 established foundational liability exemptions: Article 12 exempted mere conduit services (network infrastructure operators transmitting user information) from liability for transmitted content if they don't initiate transmission, select receivers, or modify information; Article 13 exempted caching services (temporary automatic intermediate storage improving transmission efficiency) if they don't modify cached information and remove/disable access upon actual knowledge of illegality; Article 14 exempted hosting services (storing user-provided information) if they lack actual knowledge of illegal content or act expeditiously upon obtaining knowledge; Article 15 prohibited Member States from imposing general monitoring obligations requiring intermediaries to actively seek illegal content. These exemptions enabled internet and digital services to flourish by protecting intermediaries from liability for billions of user-generated content items they couldn't realistically pre-screen, while maintaining accountability when intermediaries have knowledge of specific illegality. DSA Articles 4-8 modernize these frameworks with updated language reflecting technological evolution (cloud computing, algorithmic content curation, social media platforms, search engines), clearer conditions and procedures for liability exemption loss, harmonized EU-wide application through Regulation rather than Directive national transposition creating fragmentation, integration with broader DSA due diligence obligations and enforcement framework. Substantive protections preserved ensuring legal continuity - platforms still exempt from liability for user content if unaware and act expeditiously upon notice, but updated DSA language provides clarity for modern services.Key Points
- Deletes E-Commerce Directive Articles 12, 13, 14, and 15
- Article 12 (mere conduit exemption) redirected to DSA Article 4
- Article 13 (caching exemption) redirected to DSA Article 5
- Article 14 (hosting exemption) redirected to DSA Article 6
- Article 15 (no general monitoring obligation) redirected to DSA Article 8
- Modernizes liability framework replacing 2000-era rules with updated provisions
- Maintains substantive liability exemptions core principles while updating language and structure
- Ensures legal continuity - existing case law and interpretations remain relevant
- References in national laws, EU legislation, and court decisions automatically redirected
- Addresses technological evolution since 2000 (cloud computing, social media, algorithmic curation)
- Clarifies application to modern intermediary services not contemplated in 2000
- Harmonizes liability framework preventing national transposition variations
- DSA Regulation directly applicable unlike Directive requiring national transposition
- Preserves horizontal approach to intermediary liability across service types
- Legal certainty maintained through consistent liability exemption conditions