The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of the intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
DSA Recital EN
Recital 18
Related across sources
Guidance Guidelines 3/2019 on processing of personal data through video devices Guidance Version history Guidance Version history Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR Guidance Guidelines 07/2020 on the concepts of controller and processor in the GDPR