Section II HIPCAR – Cybercrime/e-Crimes Hosting Provider 30. (1) A hosting provider is not criminally liable for the information stored at the request of a user of the service, on condition that: a. the hosting provider expeditiously removes or disables access to the information after receiving an order from any public authority or court of law to remove specific illegal information stored; or b. the hosting provider, upon obtaining knowledge or awareness about specific illegal information stored by other ways than an order from a public authority, expeditiously informs a public authority to enable them to evaluate the nature of the information and if necessary issue an order to remove the content. (2) Paragraph 1 shall not apply when the user of the service is acting under the authority or the control of the hosting provider. (3) If the hosting provider is removing the content after receiving an order pursuant to paragraph 1 he is exempted from contractual obligations with his customer to ensure the availability of the service. Caching Provider Hyperlinks Provider 31. 32. A caching provider is not criminally liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other users of the service upon their request, on condition that: a. the caching provider does not modify the information; b. the caching provider complies with conditions of access to the information; c. the caching provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry; d. the caching provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and e. the caching provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement. An Internet service provider who enables the access to information provided by third person by providing an electronic hyperlink is not liable for the information if a. the internet service provider expeditiously removes or disables access to the information after receiving an order from any public authority or court to remove the link; and b. the internet service provider, upon obtaining knowledge or awareness about specific illegal information stored by other ways than an order from a public authority, expeditiously informs a public authority to enable them to evaluate the nature of the information and if necessary issue an order to remove the content. > Model Policy Guidelines & Legislative Text 27

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