The exemption of the hosting service provider from liability established in this Regulation should not apply to the liability for its own actions and its own information, which it provides under its own editorial responsibility. The provider's awareness or control in relation to the information should be assessed on a case-by-case basis in the light of all the relevant circumstances, on the basis of objective circumstances, including the degree and type of economic benefit drawn from the activity. Account should be taken of whether and to what extent the provider has decisive influence over the information which it stores, as well as the nature of the relationship between the provider and the content provider.
Recital 17