view to preventing or stopping illegal activities; this Directive should constitute the appropriate basis
for the development of rapid and reliable procedures for removing and disabling access to illegal
information; …
(41)
This Directive strikes a balance between the different interests at stake and establishes principles
upon which industry agreements and standards can be based.
…
(45)
The limitations of the liability of intermediary service providers established in this directive do not
affect the possibility of injunctions of different kinds; such injunctions can in particular consist of
orders by courts or administrative authorities requiring the termination or prevention of any
infringement, including the removal of illegal information or the disabling of access to it.
(46)
In order to benefit from a limitation of liability, the provider of an information society service,
consisting of the storage of information, upon obtaining actual knowledge or awareness of illegal
activities has to act expeditiously to remove or to disable access to the information concerned; the
removal or disabling of access has to be undertaken in the observance of the principle of freedom of
expression and of procedures established for this purpose at national level; this Directive does not
affect Member States’ possibility of establishing specific requirements which must be fulfilled
expeditiously prior to the removal or disabling of information.
(47)
Member States are prevented from imposing a monitoring obligation on service providers only
with respect to obligations of a general nature; this does not concern monitoring obligations in a
specific case and, in particular, does not affect orders by national authorities in accordance with
national legislation.
(48)
This Directive does not affect the possibility for Member States of requiring service providers,
who host information provided by recipients of their service, to apply duties of care, which can
reasonably be expected from them and which are specified by national law, in order to detect and
prevent certain types of illegal activities.
…
(52)
The effective exercise of the freedoms of the internal market makes it necessary to guarantee
victims effective access to means of settling disputes; damage which may arise in connection with
information society services is characterised both by its rapidity and by its geographical extent; in
view of this specific character and the need to ensure that national authorities do not endanger the
mutual confidence which they should have in one another, this Directive requests Member States to
ensure that appropriate court actions are available; Member States should examine the need to
provide access to judicial procedures by appropriate electronic means.
…
(58)
This Directive should not apply to services supplied by service providers established in a third
country; in view of the global dimension of electronic commerce, it is, however, appropriate to
ensure that the Community rules are consistent with international rules; this Directive is without
prejudice to the results of discussions within international organisations (amongst others WTO,
OECD, Uncitral) on legal issues.
…
(60)
In order to allow the unhampered development of electronic commerce, the legal framework must
be clear and simple, predictable and consistent with the rules applicable at international level so that