DSA Recital 18 EN
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Recital 18 — Active role liability exemption exclusion

Liability Recipient DSA Scope and Digital Services Coverage
In force — consolidated2022-10-27 · CELEX 02022R2065-20221027 · ELI ↗
Version history 1
  • 2022-10-27in force CELEX 02022R2065-20221027

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.

Related across sources

Case Law AG Arnsberg - 42 C 434/23 Case Law BGH awards non-material GDPR damages for erroneous disclosure of applicant salary data Case Law German Supreme Court: No GDPR basis for debt transmission to credit agency; €500 damages Guidance Opinion 07/2025 regarding the European Commission Draft Implementing Decision pursuant to Regulation (EU) 2016/679 on the adequate protection of personal data by the European Patent Organisation Case Law Judgment of the Court (First Chamber) of 27 February 2025.#CK v Magistrat der Stadt Wien.#Request for a preliminary ruling from the Verwaltungsgericht Wien.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 15(1)(h) – Automated decision-making, including profiling – Scoring – Assessment of the creditworthiness of a natural person – Access to meaningful information about the logic involved in profiling – Verification of the accuracy of the infor Case Law Judgment of the Court (Fourth Chamber) of 11 July 2024.#Meta Platforms Ireland Limited v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – First sentence of Article 12(1) – Transparency of information – Article 13(1)(c) and (e) – Obligation o