US DIGITAL MILLENNIUM COPYRIGHT ACT AND EU DIGITAL SERVICES ACT COMPLIANCE AND REPORTING

Fastly complies with laws applicable to it and its services, including the US Digital Millennium Copyright Act (“DMCA”) and the EU Digital Services Act (“DSA”).

Fastly primarily operates as an intermediary to cache and deliver content hosted by others at the instruction of our subscribers. Fastly is unable to remove content hosted by our customers.  If you believe that any content cached or delivered using Fastly’s services or on any Fastly domain infringes upon your copyrights or is “illegal content” subject to the DSA, we recommend that you submit a notification directly to the originating site.

Please see the instructions below for submitting notices to Fastly via webform or by email. Prior to filing a notice with Fastly, please note the following and review the information below:

1. the content cached or delivered by Fastly’s services is generally not modified by Fastly except upon our subscribers’ instructions;

2. our services do not change the advertising associated with the content from our subscribers’ originating site without authorization from our subscribers;

3. we comply with industry standard rules regarding refreshing, reloading or otherwise updating content;

4. our services do not interfere with our subscribers’ technology that returns “hit” count information that otherwise would have been collected had the content not been cached; and

5. our services do not bypass the conditions that our subscribers require for access to their content.

I. DIGITAL MILLENNIUM COPYRIGHT ACT

As we primarily cache our customers’ content, we are entitled to rely upon (among other things) the DMCA safe harbor available to system caching service providers and we maintain policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA. See 17 U.S.C. 512(b) available at http://www.copyright.gov/title17/92chap5.html#512. In order for a DMCA takedown notice to a system caching service provider to be effective under 17 U.S.C. 512(b), the notice provider must demonstrate either (a) that the content has already been removed from the originating site or (b) the notice provider has obtained a court order requiring the content be removed from the originating site or access to the content to be disabled.

Prior to filing a complaint under 17 U.S.C. 512(c)(3) to Fastly regarding a Fastly subscriber’s content, please review 17 U.S.C. 512(b).

In the rare case where Fastly receives a copyright complaint about content we host, we will remove or disable access to that content in accordance with 17 U.S.C. 512(g).

You may submit a DMCA notification to our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for additional information):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of each exact uniform resource locator (URL) hosting the copyrighted work(s) and identification of the material located at each URL that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or disabled;

3. information reasonably sufficient to permit our subscriber to contact you, such as an address, telephone number, and, if available, an electronic mail address;

4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Unless it is reasonably apparent to us that our subscriber has already received a notice of infringement from you regarding particular content, we will forward all the information you provide in your notice, including your contact information, to our subscriber.

Fastly’s Designated Copyright Agent to receive notifications of claimed copyright infringement is our General Counsel, Fastly, Inc., 475 Brannan Street, Suite 300, San Francisco, CA 94107, email: abuse@fastly.com. Notices may also be submitted through our webform.

II. DIGITAL SERVICES ACT

Similarly to the DMCA, since we primarily cache our customers' content, we are entitled to rely upon (among other things) the DSA provisions available to caching services for most of our customers’ content. See Art. 5(1) of the DSA available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065&qid=1666857835014.

If you believe that any content cached or delivered using Fastly’s services or on any Fastly domain is “illegal content” under the DSA, we recommend that you submit a notification pursuant to the DSA directly to the originating site.

Prior to submitting a complaint under Art. 16 of the DSA to Fastly regarding a Fastly subscriber’s content, please review Arts. (3),(5).

In the rare case where Fastly receives a complaint about content where we are a hosting service, we will address that content in accordance with Art. 16.

You may submit a DSA notification to our designated DSA contact with the following information in writing (see Art. 16 for additional information):

1. a sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;

2. a clear indication of the exact electronic location of the content, such as identification of each exact uniform resource locator (URL) hosting the content and identification of the material located at each URL that is claimed to be illegal or to be the subject of illegal activity, and, where necessary where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;

3. information reasonably sufficient to permit us or our subscriber to contact you, including your name and electronic mail address, except in the case of information considered to involve one of the offenses referred to in Art. 3 to 7 of Directive 2011/93/EU; and

4. a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

Unless it is reasonably apparent to us that our subscriber has already received a notice from you regarding particular content or there are other applicable privacy concerns, we will forward all the information you provide in your notice, including your contact information, to our subscriber.

Fastly’s designated DSA contact is our General Counsel, Fastly, Inc., 475 Brannan Street, Suite 300, San Francisco, CA 94107, email: abuse@fastly.com. Notices may also be submitted through our webform.