Peer-to-peer privacy violations and ISP liability: data protection in the user-generated web

Abstract

† Since the adoption of the EU e-Commerce Directive, web hosting has dramatically changed. User-generated content is usually uploaded onto platforms that facilitate and support users in preparing content and making it available. Commercial companies who make a profit by associating advertisements to user-generated materials run such platforms in most cases. † We shall address the legal framework applicable to ISPs managing platforms for user-generated contents. Can they be viewed as mere host providers, even though their activities include not only distributing content, but also indexing it and linking it to advertisements?