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.