The study, commissioned by IMCO, has some interesting thoughts on how the liability provisions in the ECD should be amended, highlighting protection of freedom of speech (which includes access to information) as the highest priority, in order to safeguard against over-blocking. Without the introduction of a good samaritan provision, hard to see how that would be workable in practice. We're still digging through the study! https://www.europarl.europa.eu/RegData/etudes/STUD/2020/648797/IPOL_STU(2020)648797_EN.pdf
It is proposed that the new law: (1) prescribes strong, swift and scalable remedies against overremoval of legitimate content, including through an external ADR (that would be financed by higher fees paid by providers which erroneously take down the content and lower fees by users who complain without success) to incentivise better internal quality review; (2) sets concrete incentives for high-quality notification and review process by means of elaborate rules developed through technical standardisation in different areas; (3) clarifies the passivity criterion by linking it to editorial choices and thereby avoiding discouragement of voluntary preventive measures; (4) includes a set of new safe harbours, at least for hyperlinks, search engines and domain name authorities; and (5) creates an EU-wide legal basis for targeted measures (preventive or corrective)[...].