Internet Service Providers Liability Under The Law Of Bermuda

Electronic transactions in the Republic of Bermuda are regulated by the Electronic Transactions Act 1999 (the “ETA”) and by the Code of Conduct 2000 (the “Code of Conduct”), which together provide a regulatory framework for the development of electronic commerce in Bermuda. The ETA and the Code of Conduct set forth several regulations aimed at supporting electronic transactions, and notably states the rules applicable to the liability of “intermediaries,” which include Internet Service Providers (“ISP.”)

The following questions have been addressed in this article:

How is an intermediary defined under the ETA?
What are the main rules applicable to the liability of Internet Service Providers?
What happens when the ISP becomes aware of illegal content?
What happens once the Minister is notified?

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