ABSTRACT

Internet service providers can be understood as intermediary service providers or online intermediaries, which provide transit, content, access and hosting services. Online intermediaries are expected to implement the notice and takedown (NTD) procedures in response to the notification of illegal content, which includes privacy infringement content. It is feasible that incorporating the online dispute resolution (ODR) mechanism into the NTD system and merging the NTD system with the data breach notification mechanism may be a way forward to further promote the fairness and efficiency of consumer protection online. Hosting service providers can be categorised as one type of online intermediary. The European Commission opened the public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries. Although the EU, US, China and international organisations have acknowledged common principles of data privacy protection, national and regional substantive laws take different approaches in regulating the relevant issues.