What better timing than less than two weeks after the release of the (poorly drafted) proposed Digital Omnibus to issue a (ground-shaking) judgment on the interplay between the old e‑Commerce Directive (ECD) and the General Data Protection Regulation (GDPR)? Here’s a freshly delivered ruling from the Court of Justice of the European Union (CJEU) that … Continue reading
Author Archives: Sophie Stalla-Bourdillon
On Pancakes, Paper Pudding, and the Draft Digital Omnibus: What Happens Next?
I thought I was done with blogging. Yet if the leaked digital Omnibus achieved anything positive, it was to bring me back to joyful collage… which is worth explaining. As for what comes next, we’ll have to wait, and make time, to search for antidotes. This post is about pancakes and paper pudding, and how … Continue reading
AI and the UK DPDI Bill: moving backward
The Data Protection and Digital Information (No. 2) Bill (DPDIB) has been introduced to Parliament on the 8th of March 2023. It is not a complete revamp of the first Data Protection and Digital Information Bill, but this time the intention is firm. The Department of Science, Innovation and Technology (DSIT) is determined to have … Continue reading
What if ChatGPT was much more than a chatbox? What if LLM-as-a-service was a search engine?
The Digital Services Act (DSA) is certainly one of the most interesting pieces of legislation adopted by the European Unions in the last few years. Just like the old e-commerce Directive (ECD), the DSA targets providers of intermediary services (i.e., the mere conduit, caching and hosting providers of this world) who continue to enjoy conditional … Continue reading
ChatGPT is banned? When Data Protection meets Online Safety!
Here we are! It took the Italian Data Protection Supervisory Authority (SA) only a few months to react to the widespread use of ChatGPT. On 30 March the SA ordered the immediate suspension of the processing of the personal data of data subjects located in Italy. OpenAI has been quick to react to the order, … Continue reading
content regulation / Copyright / Data protection / filtering / GDPR / Internet intermediaries / notice-and-action
The EU Commission and the tackling of illegal content: is more too much?
The European Commission (EC) Recommendation of 1.3.2018 on measures to effectively tackle illegal content online (C(2018) 1177 final) is now freely accessible. As readers know, this is not the first time the EC has attempted to express meaningful thoughts (for lack of a better word, as once again the instrument is not strictly speaking … Continue reading
Data Protection and data analytics: what is Art. 29 WP really saying to businesses wanting to innovate with data?
In three-month time, the General Data Protection Regulation (GDPR), will become applicable to many, if not all, data processing activities to which living individuals can be associated. Businesses operating in Europe have had about two years to prepare for this change. As readers know, even if the GDPR is a lengthy piece of … Continue reading
Online platforms & copyright: The CJEU v The EC?
Boosting the EU Digital Single Market is not an easy task. Full of energy, the European Commission (EC) disclosed its strategy one year ago in the Communication on Online Platforms and the Digital Single Market, in which it announced that “in the next copyright package, to be adopted in the autumn of 2016, the Commission … Continue reading
content regulation / Copyright / Data protection / filtering / freedom of expression / Human rights / illegal content / Internet intermediaries / notice-and-action / notice-and-take down / online platforms
Data Protection and Copyright: Could Art. 29 WP guidance on automated decision-making “help” with filters?
In its own way, the pan-EU Article 29 Data Protection Working Party (Art. 29 WP) has been very active in the past few months. One of the most awaited piece of advice released by Art. 29 WP this month covers automated individual decision-making and profiling for the purposes of Regulation 2016/679 (Opinion WP 251). Why … Continue reading
The EU approach to content regulation online bis: tackling (il)legal content online with real-world identities?
Among the policy objectives to pursue in order to ensure the flourishing of the Digital Single Market, one finds here: “Updating EU audiovisual rules and working with platforms to create a fairer environment for everyone, promote European films, protect children and tackle hate speech.” Clicking on ‘platforms,’ one can also read: “Online platforms are an important part of … Continue reading