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Liability of intermediary service providers in Romania

Author

Listed:
  • Mihaela Giuraniuc (Tudorache)

    (Lawyer in the Bucharest Bar Association)

Abstract

The purpose of this paper is to analyze the legislation, doctrinal opinions and relevant case law regarding the liability of intermediary service providers in Romania and to contribute to the current stage of knowledge in this matter. The objectives pursued by the author are: identification of the peculiarities of the transposition of the E-Commerce Directive into Romanian legislation; identification of problems that could arise from law’s interpretation; issuing of the de lege ferenda proposals. According to Romanian Law, the rule is the liability of the intermediary service provider. The liability limitations apply to certain clearly delimited activities carried out by service providers, precisely defined by art. 12-15 from Law no. 362/2002, as: mere conduit, caching, hosting, search engines and hyperlinks. Romanian Law does not offer the possibility to impose on service provider an obligation to monitor the information they transmit or store or an obligation to actively seek out facts and circumstances, even if it could be only for specific, clearly defined individual case. The notice and take down procedures for illegal content is not a legal obligation according to Romanian Law. The Romanian Law is mandatory only for service providers established in Romania.

Suggested Citation

  • Mihaela Giuraniuc (Tudorache), 2011. "Liability of intermediary service providers in Romania," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 1(2), pages 137-155, December.
    • Handle: RePEc:asr:journl:v:1:y:2011:i:2:p:137-155
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    More about this item

    Keywords

    provider of information society service; mere conduit; caching; hosting; search engine; hyperlink;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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