DELFI AS v. ESTONIA JUDGMENT 11 Section 9 – Restricted liability upon temporary storage of information in cache memory “(1) Where a service is provided that consists of the transmission in a public data communication network of information provided by a recipient of the service, the service provider is not liable for the automatic, intermediate and temporary storage of that information, if the method of transmission concerned requires caching for technical reasons and the caching is performed for the sole purpose of making more efficient the information’s onward transmission to other recipients of the service at their request, on condition that: 1) the provider does not modify the information; 2) the provider complies with conditions on access to the information; 3) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used in the industry; 4) the provider does not interfere with the lawful use of technology which is widely recognised and used by the industry to obtain data on the use of the information; 5) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court, the police or a state supervisory authority has ordered such removal.” Section 10 – Restricted liability upon provision of information storage service “(1) Where a service is provided that consists of the storage of information provided by a recipient of the service, the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: 1) the provider does not have actual knowledge of the contents of the information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; 2) the provider, upon obtaining knowledge or awareness of the facts specified in subparagraph 1 of this paragraph, acts expeditiously to remove or to disable access to the information. (2) Paragraph 1 of this section shall not apply when the recipient of the service is acting under the authority or the control of the provider.” Section 11 – No obligation to monitor “(1) A service provider specified in sections 8 to 10 of this Act is not obliged to monitor information upon the mere transmission thereof or provision of access thereto, temporary storage thereof in cache memory or storage thereof at the request of the recipient of the service, nor is the service provider obliged to actively seek information or circumstances indicating illegal activity.