There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Electronic Commerce (EC Directive) Regulations 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
22. In determining whether a service provider has actual knowledge for the purposes of regulations 18(b)(v) and 19(a)(i), a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, among other things, shall have regard to—
(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c), and
(b)the extent to which any notice includes—
(i)the full name and address of the sender of the notice;
(ii)details of the location of the information in question; and
(iii)details of the unlawful nature of the activity or information in question.
Modifications etc. (not altering text)
C1Reg. 22 applied (31.7.2017 for specified purposes) by Digital Economy Act 2017 (c. 30), ss. 14(5), 118(6) (with s. 30(3)); S.I. 2017/765, reg. 2(d)
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