MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
In principle, the website owner is liable for unlawful content on a website, not the hosting provider. A hosting company is protected as an intermediary, but must intervene as soon as it knows that content is clearly unlawful and fails to take action against it (notice-and-takedown, Article 6:196c of the Dutch Civil Code).
Who is liable for unlawful content?
If a website contains unlawful information — for example, defamation, damage to reputation, or copyright infringement — the website owner is, in principle, liable for it. The owner must provide their contact details so that an aggrieved party can hold them accountable.
The position of the hosting company
A hosting company merely stores data and is, in principle, not liable for what customers post (Article 6:196c of the Dutch Civil Code). However, that indemnity lapses as soon as the host knows or reasonably ought to know that content is unmistakably unlawful and fails to intervene. In that case, it must promptly remove the information or make it inaccessible.
Notice-and-takedown
The practical route is a notice-and-takedown request: you report the unlawful content to the host (or the website owner) with a reasoned explanation. If the unlawfulness is clear, the host must take action. In case of doubt, the host may exercise restraint, so as not to wrongfully remove lawful content.
What can you do about unlawful content?
Contact the website owner first. If they do not respond, you can send the host a substantiated removal request and, if necessary, take legal action. A strong justification for why the content is unlawful increases your chances of prompt removal.
Frequently Asked Questions
Is the hosting company liable for customer content?
In principle not (Article 6:196c of the Dutch Civil Code), unless it knows that the content is unmistakably unlawful and fails to intervene.
What is notice-and-takedown?
A reasoned request to the host or website owner to remove clearly unlawful content. In the event of clear unlawfulness, the host must take action.
What if the website owner does not respond?
You can then contact the host with a substantiated removal request and, if necessary, go to court.
Want to have unlawful content removed?
Our legal experts draft a substantiated removal request and take action if necessary. View our IP lawor privacyteam, or schedule a free consultation.
