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In that case you should delete or block the information as swiftly as possible after receiving a complaint to avoid liability. In most cases you will also need to provide the address details of the parties involved to the complainant. However, if you intervene too swiftly in the event of a complaint, your client may suffer damage or a loss and recover the damage or loss from you if the complaint proves to be unjustified.

Legal ICT would be pleased to assist you in such cases. Our Notice and Takedown Advisory Service has been developed especially for hosting providers, forum managers and other Internet service providers who forward client or user information. If you receive a complaint, simply forward it to us. We will advise you at a favourable rate on whether or not the information is of an unlawful nature and the best way to handle the complaint.

We can also help you set up your own Notice and Takedown procedure, in case you would rather handle the complaints yourself. A standard procedure often consists of the following steps:

1. Receiving the complaint: You could provide a special e-mail address or abuse-form on your website. Through a form you can collect all the information you need by asking specific questions.
2. First step in processing the complaint: This is the first assessment of the information that is subject of the complaint. Is it really unlawful? Is it information that is stored on your server? Is the complainant entitled to complain about this information?

1. Consultation with your client/user: This is not mandatory, but it is advised. Your client/user can deliver proof that the complaint is unjustified, or that the complainant is not entitled to file a complaint. Inform the complainant that you consult your client/user before responding, and that your response might take a bit longer because of this.
2. Processing the complaint: Based on the complaint and the possible consultation with your client/user, you can now decide. Either you delete the information, or you keep it online. The criterium on which you must base your decision, is that the information must be ‘’manifestly’’ unlawful. Let your client/user and the complainant know what your final decision is.
3. Archive the complaint: Retain all information and communication regarding the complaint.

Do you need help with a specific complaint, or do you regularly receive complaints and want a standard Notice and Takedown procedure? Legal ICT would be pleased to help you. For more information, please be referred to our Factsheet on Notice and Takedown as well.

WOULD YOU LIKE MORE INFORMATION? 

Send an e-mail to: info@legalict.com or call us at: +32 (0)2 535 77 55. You can also use the form below: one of our legal advisors will get back to you very soon.