The proposal is a very good step toward better protection of intellectual property rights and more generally for the fight against illegal content online. AFEP supports the extension of the scope to providers established outside of the EU and providers of all sizes.
But improvements are required. Clarifications and legal certainty could be reached on various issues, such as host neutrality and corresponding liability regimes. AFEP also strongly supports the notion that liability must be determined by the failure to implement a vigilance plan, which would include both ex-ante due diligence obligations for all intermediaries and reactivity after notification. The proposals therefore aim to clarify these obligations and their scope.