The liability of mobile operators for the content of independent content providers to mobile commerce networks in the European Union: does self-regulation pave the way for new EU rules?
by Rene Franz Henschel
International Journal of Private Law (IJPL), Vol. 4, No. 2, 2011

Abstract: According to Article 12 of the European E-Commerce Directive (on 'mere conduit'), the liability of service intermediaries is limited. Furthermore, Article 15(1) of the e-commerce directive states that the member states may not impose a general duty to monitor the information which the intermediaries transmit or store, or a general obligation actively to seek facts or circumstances indicating illegal activity. However, the article does not prevent self-regulation or co-regulation for monitoring content providers who do not deliver services that conform to established standards or who otherwise cause problems to end users. On the contrary, according to Article 16, self-regulation or co-regulation are welcomed. In Denmark, major members of the Danish Telecommunications Industries Association and the Consumer Ombudsman recently concluded an agreement whereby the mobile operators are subject to certain rules and liabilities for premium rate services delivered by independent content providers. The present article explains the content of these new rules. In the author's opinion, the rules give better consumer protection and thereby enhance the creation of the internal market for e-commerce activities. Such rules should be considered when designing the future legal regime in the European Union and elsewhere.

Online publication date: Sat, 28-Mar-2015

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