According to Clause 1, Article 198b of the Intellectual Property Law, an intermediary service provider is an enterprise that provides technical means for organizations and individuals to use the service to upload digital information content to the telecommunications network environment and the Internet; Providing online connections for the public to access and use digital information content on telecommunications networks and the Internet. More specifically, what kind of businesses are businesses providing intermediary services?

Article 110 of Decree 17/2023/ND-CP stipulates the contents of intermediary service providers, specifically as follows:

Enterprises providing intermediary services specified in Article 198b of the Intellectual Property Law are domestic and foreign enterprises that provide one, some, or all of the following services:

  • “Transmission only” service is a transmission service on telecommunications networks and the Internet of digital information content provided by service users or a service that provides access to telecommunications networks and the Internet;
  • “Buffer storage” service is a transmission service on telecommunications networks and the Internet of digital information content provided by service users that automatically stores, transfers, and temporarily stores information content that number. This automatic transit and temporary storage operation is carried out with the sole purpose of making the forwarding of such digital information content more efficient to other service users upon their request;
  • The service “storing digital information content on request” is a service for users to store digital information content provided by users according to their requests.

In addition, Article 110 of Decree 17/2023/ND-CP also lists several types of enterprises providing intermediary services, including:

  • Telecommunications businesses providing Internet access services and Internet connection services;
  • Telecommunications businesses provide leased line services in cases where the leased line is not used to provide the following services:
    • Renting server space, leasing private servers in cases where the server is not used to provide rental services to store digital information content as required, and
    • Rent space to store digital information content as required;
  • Enterprises renting out server space, renting out servers for private use in cases where the server is not used to provide space rental services to store digital information content as required;
  • Enterprises rent space to store digital information content on request;
  • Businesses providing online social networking services;
  • Enterprises providing digital information content search services;

Other enterprises providing one, several, or all of the services with similar functions specified in Clause 1, Article 198b of the Intellectual Property Law and the services of “transmission only”, “buffer storage” and “caching” services store digital information content as required” above.

Above is the content of the article “What are intermediary service providers?”. We hope this article is useful to you.

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