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
Category Archives: content regulation
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
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
The EU approach to content regulation online: tackling (il)legal content online with upload and re-upload filters!
Intermediary liability has been up until now a never-ending story. For the past two years, we have been regularly fed with communications, codes of conduct, legislative proposals, as well as soft but loud encouragements, from national governments targeting online platforms and asking them to do much more to tackle illegal content such as child sexual … Continue reading
On Article 28a and the proposal to extend the AVMSD: is it time to be pessimistic?
The proposal to extend the Audiovisiual Media Services Directive (AVMSD) continues along its legislative path. We are now entering the trilogue negotiations phase, and, after having read the unrelated [at least at first glance] G7 Taormina Statement on the fight against terrorism and violent extremism, I am re-reading the text of the Proposal for a … Continue reading
Data Protection Concerns raised by Proposed EU Directive on Contracts for Supply of Digital Content
It may not be ‘all about the money’, but there is some ‘price tag’ often associated with what we do online…. And that’s our data! Updates on the incoming GDPR and the potential implications of the new E-Privacy Regulation dominate EU privacy and data protection discourse currently. Yet, there is another further (and potentially overlapping) … Continue reading
The GDPR, the proposed Copyright Directive and intermediary liability: one more time!
A lot has been written on the topic of intermediary liability in the past few months. But has everything been said or read? And looking at the different pieces of the regulatory jigsaw together, are we heading in the right direction? One important piece of the jigsaw is certainly the General Data Protection Regulation (GDPR) … Continue reading
If we had to live with Article 13 of the proposed Copyright Directive, what should it look like?
Readers might remember an open letter sent to the European Commission, the European Parliament and the Council a few weeks after the release by the European Commission of a proposal for a new Copyright Directive on 14 September 2016. The open letter, an initiative led by iCLIC, a Southampton University based research centre, had been … Continue reading
Video-sharing platform services and media services : what is the link between the new AVMSD and the old ECD?
The regulation of digital content seems to be at a turning point. Based on the premise that the Internet of 2016, or should I say 2017, has nothing to do with the Internet of the 2000s, the European Commission (EC) has decided to act and released in May and in September this year two key … Continue reading