Abstract
This Chapter gives a brief overview of the framework for secondary liability of Intermediary Service Providers (ISP) in Portugal, in accordance with the legal standards given by Decreto-Lei no. 7/2004. As the framework has been developed in accordance with the European Union’s legal standards, the main characteristics are those which flow from the E-Commerce Directive. Of particular interest in this framework is the way that the immunity requirements established in Decreto-Lei no. 7/2004 can also be seen as imposing duties on ISP’s to act. Accordingly, the lack of compliance with such duties can render ISP’s secondarily liable. This Chapter will demonstrate how, according to this framework, omissions can be the main basis for secondary liability and if such omissions (and the respective duties to act) can be found outside the legal framework of Decreto-Lei no. 7/2004 as, for example, in the law of contracts.
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