Recital 38

DSA Recital 38

The conditions for the liability exemption of 'caching' service providers should cover situations in which such providers perform automatic, intermediate and temporary storage of information, for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request. Such a service is of a mere technical, automatic and passive nature. In order to benefit from the exemption, the provider of the caching service should not modify the information, it should not interfere with the lawful use of technology, widely recognised and used by the industry, to obtain data on the use of the information and it should act expeditiously to remove or disable access to the information which it has stored upon obtaining actual knowledge or awareness of the removal of the information from the network, the disabling of access to the information or of an order to that effect.