Recital 17*

Go to related Article 2

Commission proposal

(17) This Regulation should be without prejudice to the application of Directive  2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

EDRi’s Proposed amendment

(17) The liability limitations of the Directive on Electronic Commerce 2000/31/EC are horizontal in nature and therefore apply to relevant activities of all information society service providers. This Regulation establishes the rules for the processing of personal data while the Directive on Electronic Commerce sets out the conditions by which an information service provider is liable for third party infringements of the law. In the interest of legal certainty for European citizens and businesses, the clear and distinct roles of the two instruments need to be consistently respected.This Regulation should be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.

Justification
In the interest of legal certainty for citizens and for businesses, the delineation of roles between this Regulation and the 2000/31/ec Directive should be as clear as possible.

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