DRAFT - April 29, 1999

Frequently Asked Questions (FAQs)

Secondary Liability

Q:  Are ISPs, telecommunications carriers , or other organizations liable under the safe harbor principles when on behalf of another organization they merely transmit information that may violate their terms?

A:  No. As is the case with the Directive itself, the safe harbor does not create secondary liability. Where an organization is acting as a conduit for the data and does not determine the purposes and means of processing the personal data, it would not be liable.