1This Regulation is without prejudice to the application of Directive 2000/31/EC of the European Parliament and of the Council¹, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive. 2That Directive seeks to contribute to the proper functioning of the internal market by ensuring the free movement of information society services between Member States.
¹ Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
* This title is an unofficial description.
Why Recital 21 Matters for GDPR Compliance?
Recital 21 clarifies that the GDPR does not override the liability rules applicable to intermediary service providers as defined under Directive 2000/31/EC (the eCommerce Directive). It ensures that the existing legal framework governing the responsibilities and liabilities of online platforms, hosting providers, and intermediaries remains unaffected. This recital is important because it maintains legal certainty for digital service providers operating within the EU while ensuring that GDPR obligations coexist with established eCommerce rules. Organizations offering intermediary services must understand how data protection requirements interact with their liability protections under other EU laws.