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The Electronic Commerce (EC Directive) Regulations 2002

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Notice for the purposes of actual knowledge

22.  In determining whether a service provider has actual knowledge for the purposes of regulations 18(b)(v) and 19(a)(i), a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, among other things, shall have regard to—

(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c), and

(b)the extent to which any notice includes—

(i)the full name and address of the sender of the notice;

(ii)details of the location of the information in question; and

(iii)details of the unlawful nature of the activity or information in question.

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