The exemptions from liability established in this Regulation should not affect the right to seek injunctive relief, nor should they lead to the elimination of any existing right to request other types of orders against intermediary services to terminate or prevent infringements. This should include injunctions pursuant to Article 8(3) of Directive 2001/29/EC of the European Parliament and of the Council, Article 11 of Directive 2004/48/EC of the European Parliament and of the Council, Article 9(1)(a) of Directive (EU) 2016/943, Article 18(1) of Regulation (EU) 2016/679, and Article 82 of Regulation (EU) 2016/679. Such injunctions could, as a rule, only be issued against an intermediary service provider that has a sufficient level of connection with the infringement, that is, an intermediary service provider that has provided its services in a way that they have been used to carry out the infringement. The mere fact that an infrastructure or a tool provided by an intermediary service is used by a third party to engage in illegal activities should not in itself result in the intermediary service provider being deemed to have a sufficient level of connection with the illegal content. In accordance with Directive 2001/29/EC, rightholders in the area of copyright and neighbouring rights are entitled to apply for an injunction against an intermediary whose services are used by a third party to infringe their rights.
Recital 41