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2.2. Knowledge and awareness
As mentioned above, the main factor required by Article 14 to hold a hosting intermediary…
The article does not clarify whether “actual knowledge” refers to general knowledge…
While assessing knowledge, the CJEU examined whether the intermediary had a passive/neutral…
In Google France, processing the data entered by users, determining the order of the data to be displayed, being remunerated its services, and providing general information to its users…
Considering that the assessment is made on a case-by-case basis, which is not independent…
For the lower knowledge standard, i.e., awareness, the Court adopted an assessment…
As shown above, the attainment of knowledge/awareness -a mental component- indicates…
2.1. Hosting intermediary liability exemption under Article 14
2.3. Hosting vs. communicating to the public