Where a provider of intermediary services deliberately collaborates with a recipient of the services in order to undertake illegal activities, the services should not be deemed to have been provided neutrally and the provider should therefore not be able to benefit from the exemptions from liability provided for in this Regulation. This should be the case, for instance, where the provider offers its service with the main purpose of facilitating illegal activities, for example by making explicit that its purpose is to facilitate illegal activities or that its services are suited for that purpose. The fact alone that a service offers encrypted transmissions or any other system that makes the identification of the user impossible should not in itself qualify as facilitating illegal activities.
DSA Recital EN
Recital 20
Related across sources
Guidance Version history Guidance Guidelines 3/2019 on processing of personal data through video devices Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0 Adopted on 20 October 2020 Guidance Guidelines 01/2021 Guidance Guidelines 01/2022 on data subject rights - Right of access