The decision of the CJEU (Court of Justice of the EU) in the GS Media case is a shock. For those who are still enjoying your summer holidays, the CJEU issued today a decision that will not be forgotten easily. The first reason is that the CJEU does not follow its Advocate General (AG), who … Continue reading
The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading
Six days after the results of the UK Brexit referendum and it is still very hard to go back to a “normal” life, especially while remaining an EU citizen living in the UK. One of the most upsetting things of the referendum, at least for lawyer, is its nonsense. This holds true in particular … Continue reading
As you might remember, a draft version of the European Commission’s Communication on Online Platforms and the Digital Single Market was leaked at the end of April. From digesting it at that time, it seemed to be clear that the Commission had taken the view that content regulation should be sectorial and the liability exemptions … Continue reading
The topic of intermediary liability is a hot topic these days, with different types of institutions already having had looked, or still looking, at how to interpret/amend/improve the EU intermediary liability legal and regulatory regime. The European Commission [EC] fuelled this debate with its Communication of 6 May 2015 on ‘A Digital Single Market Strategy … Continue reading
Some of you certainly remember the Google v Vuitton case decided by the CJEU some years ago now, in 2010, which was a case about trade mark infringement. (Sometimes it is useful to go back to the roots!) To make the story short, the case involved the use of keywords corresponding to trade marks in … Continue reading
Issued last week, here is what seems to be the final version of the General Data Protection Regulation (the GDPR)! This 6 April 2016 version, likely to be adopted by the European Parliament this week, is now in the kiosks! HIP HIP HOORRAY I hear you thinking, either ironically because more than 4 years of … Continue reading
A few months after the now infamous decision Delfi v Estonia of the Grand Chamber of the European Court of Human Rights (ECtHR) [for background, see my earlier post here], the Fourth Section of the Court issued on 2 February 2016 a judgement (MTE v Hungary) dealing with similar issues. Starting with the end of … Continue reading
Last month, the Permanent Representatives Committee (Coreper) of the Council of the EU the compromise texts agreed with the European Parliament on data protection reform. As a reminder, the reform is a legislative package concerning two legislative instruments: the second of which discussed here (and far less catching the press headlines than the General Data … Continue reading
What does the agreed version of the GDPR say about processing personal data for research purposes? Is the GDPD better than the Directive? So here we are. It’s almost Christmas and after three years of intense debate the Council of the European Union and the European Parliament have announced that they have informally agreed on … Continue reading