The conditions for the liability exemption of hosting service providers should be understood to cover situations in which the provider stores information at the request of a recipient of the service and is engaged in a service involving a passive role. Accordingly, the provider should not have played an active role of such a kind as to give it knowledge or control of that information. For example, the provider might not qualify for the exemption where it optimises the presentation of information, irrespective of whether such optimisation is undertaken at the request of the recipient of the service, or is carried out by the recipient of the service, including the ranking, rating, review, recommendation or any curation functions, carried out by automated means. However, providers should not be understood to lose the status merely for optimising the presentation of information pursuant to an explicit request by a particular recipient of the service, including the display or arrangement of the information, even where such optimisation involves automated means. Providers of hosting services should not be deemed to be liable merely because they remove or disable access to manifestly illegal content, in compliance with a notification or in compliance with a substantiated notice submitted by trusted flaggers, as provided for by this Regulation, or because they take action in respect of information that they consider, pursuant to a voluntary own-initiative investigation, to be illegal content, or more generally, because they take voluntary measures of a similar kind
Recital 39