Tourism Law in Europe

(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. 2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider. 3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information. Please note that the European Commission is currently working on a new European Regulation: Proposal for a Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC 11 . What are the key goals of the Digital Services Act? The new Digital Services Act contains proportionate new rules, foster innovation, growth and competitiveness, and facilitate the scaling up of smaller platforms, SMEs and start- ups. The responsibilities of users, platforms, and public authorities are rebalanced according to European values, placing citizens at the centre. The rules better protect consumers and their fundamental rights online, establish a powerful transparency and a clear accountability framework for online platforms and foster innovation, growth and competitiveness within the single market 12 Article 14 should be combined with Article 3 Directive on electronic commerce (Directive 2000/31) to answer the question: Can the platform that intermediates in the vacation rental be required to control the legality of the accommodation offered and to eliminate the advertisements without registration number, as required by the tourist regulations 11 Brussels, 15.12.2020, COM(2020) 825 final 2020/0361(COD) 12 Source: www.ec.europa.eu.