Description

Signing into law of Dutch EU DSM directive implementation, including platform liability measure

The Dutch DSM implementation law is signed, including user protection rights regarding the filtering regulation in EU DSM directive art. 17. The article defines "online content-sharing service provider" as an entity that stores and distributes copyright-protected works to the public for profit. To avoid liability, online content-sharing services will be required to get authorisation from right holders for works covered by copyright under Article 17 of the amended regulation. Platforms will have to show that they tried to get a permission and that they removed unauthorised content after getting a notification. It also requires platforms to take measures to allow users to employ copyright exceptions to properly make protected material available to the public. The provision further allows the Ministry of Justice to rule on the application of the Article 17 implementation.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
central government

Complete timeline of this policy change

Hide details
2020-05-11
under deliberation

The Dutch DSM implementation law was introduced on 11 May 2020, including user protection rights re…

2020-11-17
adopted

The Dutch DSM implementation law was adopted on 17 November 2020 and includes user protection right…

2020-12-16
adopted

The Dutch DSM implementation law is signed, including user protection rights regarding the filterin…

2021-06-07
in force

The Dutch DSM implementation law went into force on 7 June 2021. The law includes user protection r…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private individual
Economic activity platform intermediary: user-generated content
Category All
2
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All
3
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
user content: any format: hosting (any form)
Regulatory tool
Takedown requirement
Sanctions
Determined by existing law or regulation
Regulated subjects
1 2 3
Regulatory tool
User notification requirement
Upload filter
Complaint mechanism requirement
Sanctions
Regulated subjects
3
own content: any format: hosting (any form)
Regulatory tool
Takedown requirement
Sanctions
Regulated subjects
1 2 3
Regulatory tool
User notification requirement
Complaint mechanism requirement
Sanctions
Regulated subjects
3

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

user content: any format: hosting (any form)

own content: any format: hosting (any form)