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Federal Act on Copyright and Related Rights (Copyright Act, CopA)
of 9 October 1992 (Status as of 1 July 2023)
Art. 39d
1The provider of an internet hosting service which stores information entered by users is required to prevent a work or other protected subject matter from being unlawfully remade available to third parties through the use of its services, if the following requirements are fulfilled:
a.
The work or other protected subject matter has already been unlawfully made available to third parties via the same internet hosting service.
b.
The provider has been notified of the infringement.
c.
The internet hosting service has created a particular risk of such infringements, specifically due to a technical mode of operation or an economic orientation which encourages infringement.
2The provider must take the technical and economic measures reasonably expected of them, taking into account the risk of such infringements.