ISP Liability in Finland

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Recent Legislative Proposal● Proposal to amend the Copyright Act and the Act on theProtection of Privacy in Electronic Communications.● Amendment of the Copyright Act.• The Court could order the ISP to supply the Court with the contact detailsof an alleged infringer.• Could in exceptional circumstances be executed ex officio by the Court.• Would generally be used when a copyright proprietor has filed anapplication with the Court to order an ISP to provide the details of asubscriber connection of an alleged infringer.• ISP to be heard.• Purpose of the amendment is to secure the availability of the contactinformation.• Copyright proprietor would be liable for costs and indemnifying the ISPalso when ordered ex officio by the Court.© Bird & Bird LLP 2010page 10
Recent Legislative Proposal● Amendment of the Act on the Protection of Privacy inElectronic Communications.• Right of ISP's to process identification data in order to convey anotice of copyright infringement to a subscriber.• ISP would be under obligation to convey a notice issued by aFinnish copyright society or other entity supervising copyrights.• Obligation to convey only to subscribers whose contactinformation is in the possession of the ISP.• ISP's liability would be limited to conveyance.• ISP's not to store information on to whom the notice has beenconveyed.• No obligation to monitor.© Bird & Bird LLP 2010page 11
Page 1 and 2: ISP Liability in FinlandNordic IT L
Page 3 and 4: Legal Framework● Act on Provision
Page 5 and 6: Legal Framework - Notice and Take D
Page 7 and 8: Legal Framework - Copyright Act●
Page 9: Legal Framework - Police Act● In
Page 13 and 14: Recent Case Law - Case Finnreactor

ISP Liability in Finland

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