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Is DMCA ignored in the Netherlands?
If you’re thinking of getting Offshore Hosting and are considering the Netherlands, then this post may have you reconsider your move.
Hosting Providers in the Netherlands like to advertise their “Offshore”, “Freedom of Speech” and DMCA “creds”, however, Hosting in the Netherlands isn’t as “safe” as they’d like to make it out to be.
Although the Netherlands is outside of US laws and jurisdictions including DMCA, that doesn’t mean that the Dutch don’t cooperate with US authorities on such matters.
The Netherlands is afterall part of the “9 eyes” and MLAT. In fact, the Netherlands has its own “Dutch” version of DMCA as well as copyright protection laws which may be similar and similarly enforced as US DMCA and copyright laws.
But, fear not. There is a country not too far away from the Netherlands, with not only rule of law, strong freedom of speech written in their constitution, as well a a highly literate English speaking populations in the world, but it not a member of any international cooperation treaties nor is a signatory to any intelligence organizations like the 5, 9, or 14 eyes, unlike the Netherlands. That country is Iceland.
Does DMCA apply in Europe?
The European Union and each country within it have their own takedown process that may be different to the one in America. ISPs, websites and service providers must follow local laws when processing these requests so they can’t just take down anything at will.
Rather there are certain instructions on what needs removing or changing depending on where you live which we’ll go into now!
The EU has a number of directives which harmonize law across all member states. The Copyright Directive (2001/29/EC) is one such directive, and it sets out the minimum standards for copyright protection in the digital age.
This directive was amended in 2012 by Directive 2012/28/EU to better reflect the way that the internet is used today.
One of the main changes brought about by Directive 2012/28/EU was the introduction of Article 17, also known as the ‘upload filter’. This Article 17 requires online service providers to use upload filters to prevent users from uploading copyrighted content.
This caused a lot of concern among internet users, who were concerned that the filters would be too heavy handed and prevent them from sharing content.
These EU “directives” even apply to the Netherlands since they are a member of the EU and are under EU jurisdiction.
So much for the Netherlands being “Offshore”!
What is the DMCA equivalent in the Netherlands?
The DMCA equivalent in the Netherlands also has a takedown process that allows for copyrighted material to be removed from websites and services.
This Netherlands version of a DMCA takedown procedure has been in effect since 2004 and follows similar procedures to the US DMCA with the main aim of protecting copyrighted material and intellectual property.
According to dutchCopyright.nl “takedown requests must only be used against specific infringements” which means that if you want copyrighted material removed from a website then you need to ensure that the hosting provider is fully aware of the infringing URL’s location before submitting it as a DMCA takedown request.
Does DMCA apply internationally?
The Digital Millennium Copyright Act is a US law that aims to prevent online copyright infringement. It’s part of the United States’ Federal Criminal Code Regulations.
The DMCA notices can be issued by any person whose property has been infringed upon, whether they’re in the US or not, as long as their intellectual rights have been violated on an American server!
The notice must be in writing, include identification of the copyrighted work, and state the grounds for the claimed infringement.
Once it’s been filed, a copy is sent to the infringer, who then has a set number of days to remove the infringing material or face legal penalties.
The DMCA can be international!
Although it was created with online infringement in mind, it can apply to anyone who uses a US server to sell or distribute copyrighted material.
So if you’re an online retailer with access to a US-based website and American staff, even just for design purposes, then the DMCA applies to you!
The same goes for your suppliers. They could be based outside of the US, but if they’re using a US server to store or distribute copyrighted material, they’re also covered by the DMCA. Also, many European countries, especially those belonging to the European Union have not only their own DMCA type laws, but EU copyright laws on top of those!
Does the Netherlands have copyright laws?
Dutch copyright law, which is called “Auteurswet” in Dutch (meaning Author’s Right) is an extensive piece of legislation that ensures all authors across the country are treated fairly.
The law protects their intellectual property, gives them control over what can be done with it and how much others should charge in order to use parts or chapters from one’s work without permission, as well as any other infringement like plagiarism!
Interestingly, the Dutch law was actually modeled on French copyright legislation from the late 18th century.
Since then, it has been amended and updated many times to reflect the latest technological advances – but one thing that has stayed the same is its focus on protecting authors.
So if your website contains content that violates Dutch copyright laws and your server is located in the Netherlands, then the offended party can legally claim rights over “their own literary, scientific or artistic production in the broadest sense of the word.” In many cases, this can be more stringent than US DMCA laws.
DMCA types laws and protections in the Netherlands, conclusions.
To sum up, if your website contains either product descriptions or catalog descriptions, without permission from the copyright holder, you could get yourself in a whole lot of trouble!
In fact, there have been cases where offending websites have been shut down entirely for this very reason.
So if you want to avoid running into problems with US as well as Dutch laws and not run the risk of losing your business, it’s best to check out Offshore Hosting in a place like Iceland with Orangewebsite.
Iceland is not part of the EU, nor does it belong to any international intelligence organizations or jurisdictional treaties.
Disclaimer: This site, its content and contributions are not legal advice. The information provided is general only. It does not cover every situation; therefore, it should not be regarded as legal advice or relied upon for any purpose without first consulting a licensed attorney in your State of Country of residence who would be able to evaluate the specific circumstances of your matter.
