SCHEDULE 1

Offences under sections 3 and 4: information society services

Exception for caching
2
1
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
2
The service provider does not commit an offence under section 3 or 4 in respect of the automatic, intermediate and temporary storage of information so provided, if—
a
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
b
the condition in sub-paragraph (3) is satisfied.
3
The condition is that the service provider—
a
does not modify the information,
b
complies with any conditions attached to having access to the information, and
c
where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.
4
This sub-paragraph applies if the service provider obtains actual knowledge that—
a
the information at the initial source of transmission has been removed from the network,
b
access to it has been disabled, or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Sch. 1 para. 2 in force at 1.4.2024 by S.S.I. 2024/82, reg. 2 (with reg. 3)