Article 5 Mise en cache

This article establishes a conditional liability exemption for providers of "caching" services — that is, services that temporarily store transmitted information to make its onward delivery more efficient or secure.

It sits alongside Article 4 (mere conduit) and Article 6 (hosting) as part of a trio of liability exemption provisions, and follows a similar logic: providers are shielded from liability only so long as they meet a defined set of conditions.

The article also preserves the ability of judicial or administrative authorities to order providers to stop or prevent an infringement, regardless of whether the exemption applies.

Important points:

• As a caching service provider, comply with the conditions set out in this article — including not modifying content, respecting access conditions, and following industry-standard update rules — to benefit from the liability exemption.
• Act expeditiously to remove or disable access to cached information once you become aware that it has been removed at the source or that an authority has ordered its removal.
• Judicial and administrative authorities retain the power to require service providers to terminate or prevent an infringement, even where the exemption conditions are met.