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When you run an online business, you rely on your website to display your business to internet users. This includes your contact information and any notices about your brand. More importantly, the website is your essential tool for creating eCommerce business and generating sales. If your eCommerce website fails to stay up and running, this will stop your business activity. Unfortunately, this can occur as your Internet Service provider (ISP) can take down your eCommerce website through a takedown request. For example, due to intellectual property issues such as copyright infringement of copyrighted material where something on your website is not your own content. This article will explain when your Internet Service Provider (ISP) may decide to take your eCommerce website down.
What is an Internet Service Provider (ISP)?
An Internet Service Provider (ISP) is a company which provides your eCommerce business with internet access. They may be a large organisation or a smaller specialist business. ISPs offer this service to businesses like yours and individuals wanting internet access. Depending perhaps on the size of your internet business or your eCommerce demand, your ISP may provide you with
- a specific amount of GB to use each billing period; or
- unlimited data.
Your ISP will probably rent you the equipment you need for the internet, such as a modem and router. They also legally have to offer you a Minimum Guaranteed Access Line Speed (MGALS) when you request it.
When Can My Internet Service Provider (ISP) Take Down My eCommerce Website?
Your eCommerce brand relies on an Internet service provider (ISP). Not only do you need to access the internet to sell your services or products, but you also need it for other requirements such as social media and purchasing. More significantly, you must ensure your eCommerce website is live online for users to access your brand. However, ISPs have legal rights to turn off content, such as to take down your e-commerce website or content.
This factsheet sets out how your business can become GDPR compliant.
One circumstance when your ISP may take down your eCommerce website is when the Information Commissioner (IC) enforces it. This power comes from the UK GDPR and Data Protection Act (DPA) 2018. Your ISP may take down content where the IC requires you to stop processing specific personal data or other processing activities.
Intellectual Property (IP)
The eCommerce Regulations allow ISPs to take down internet sites or specific contention websites by providing defences for doing so. However, ISPs can only do this if, in their agreements with you, they reserve these rights to do so.
For example, an ISP may disable content on your eCommerce site if you infringe copyright law. If so, the affected party may obtain an injunction against you under the Copyright, Designs and Patent Act 1988. This will result in a court order for your ISP to block your website. This type of content disablement by an ISP can also occur if you infringe a trademark.
You should note that your ISP could also take down your eCommerce website in this fashion where you only provide access to the copyrighted material. For example, some internet sites may have links to a new site containing copyrighted material.
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Key Takeaways
When you run an eCommerce business, you rely on your website to sell your goods or services. As a business owner, you will have an ISP to give you access to the internet. They may provide you with a specific amount of GB or unlimited access. Your ISP can affect your internet business regarding their power to disable content.
An ISP will usually only disable content when it is legally obliged to. For example, through a court order due to you infringing intellectual property (IP) rights. It can also do so due to the enforcement powers of the IC.
If you need help understanding when your Internet Service Provider (ISP) may decide to take down your eCommerce website, LegalVision’s experienced eCommerce lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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