GERMANY Law and Practice Contributed by: Thomas Nägele, Steffen Henn, Anke Hofmann and Serpil Dilbaz, SZA Schilling, Zutt & Anschütz
The German Telemedia Act (TMG) also contains rules for service providers. The exceptions to the DSA and TMG are very detailed. However, service providers have no general obligation to monitor the information that they transmit or store, nor a general obli - gation actively to seek facts or circumstances indicating illegal activity. Host providers are privi - leged if they have no knowledge of the illegal act or information and, in the case of claims for damages, if that content is not obviously illegal. Those providers have to take action to remove the information or block access immediately after becoming aware of it (Notice and Take Down; see Section 10 TMG and Article 6 para - graph 1 lit. b DSA).
Certain service providers within the meaning of Section 2 UrhDaG, in particular social media platforms and video platforms with user-gener - ated content, can no longer rely on the exception in Section 10 TMG but are exclusively bound by the obligations under the UrhDaG. In order to meet these requirements, platforms tend to implement so-called upload filters.
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