Procedure notice & takedown
The Notice and Takedown procedure below is in effect if Hosting.NL receives complaints about material provided by one of its customers and hosted within Hosting.NL’s network. This procedure follows the guidelines of the Dutch Hosting Provider Association (DHPA) and was drafted by ICTRecht.
Intermediary: Hosting B.V.
Customer: the customer of Hosting B.V.
- If intermediary receives a complaint through the Notice and Takedown complaint form, it acknowledges receipt with the reporter as soon as possible. Intermediary checks the data as far as it can. In case of missing or incorrect data provided by notifier through the complaint form, intermediary will have the notifier provide the additional data.
- Turns out the information is not or no longer online, or is hosted at another party, intermediary informs reporter about this party. The complaint is then settled.
- If the reporter has not previously contacted the customer, intermediary shall pass on the complaint to the customer with two business days to respond and inform the reporter of the passing on. Intermediary relays client’s response to reporter. The latter can then respond to intermediary whether he agrees with the response. If so, the complaint is settled. Intermediary informs client about this. If no response is received from the customer within two business days, intermediary goes through the following steps.
- If the reporter has requested removal of the material, but the client appears unwilling to remove or modify the information itself, then intermediary makes its own assessment:
- If intermediary himself believes that the complaint is justified and there is no emergency, he still requests the customer to remove the material. If customer has not removed it within 1 day then intermediary removes or blocks the material and informs customer and reporter that this has happened. Intermediary motivates removal to the customer. The complaint is then settled.
- If intermediary itself believes that the complaint is unjustified, it informs the reporter with reasons. The complaint is then settled.
- If the reporter has asked for identification of the Client, but the Client does not want to disclose to the reporter, Intermediary makes its own assessment:
- If Intermediary itself believes that the complaint is justified and the reporter has a real interest in identifying the Client, Intermediary will provide name and address details (branch details) of the Client to the reporter and inform the Client accordingly. The complaint is then settled.
- If Intermediary itself is of the opinion that the complaint is unjustified, or the reporting party has no real interest in identifying the Client, it will inform the reporting party with reasons. The complaint is then settled.
- If, in the opinion of Intermediary, there is an emergency notification or emergency situation, Intermediary will go through the above points within one business day. The reporter must justify an emergency notification. Based on this motivation, the Intermediary will determine whether the report will be processed within one business day.
- If there is an investigative interest, intermediary may decide to leave the information online for those reasons. In this case, Intermediary informs only the reporter.
- In addition to the above (external) procedure, intermediaries themselves may use the following internal
Additional steps to point 4 and/or 5:
- If Intermediary cannot or will not express an opinion on the complaint itself, it will send the information received about the complaint to its legal counsel.
- Legal counsel will inform intermediary of steps to take. Intermediary is responsible for implementation and informs the Client and reporter accordingly. The complaint is then settled.
When actually removing or making material inaccessible, intermediary acts
carefully and proportionately, with intermediary avoiding as much as possible making legal material of client or others inaccessible.