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
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
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
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
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
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
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
The Court of Justice of the EU (CJEU)’s Advocate General (AG) Campos Sanchez-Bordona issued his opinion yesterday in the case C‑527/15 Stichting Brein v Jack Frederik Wullems, acting under the name of Filmspeler, which is again a case involving the infamous right to communicate copyright works to the public. Very briefly, the … Continue reading
This is not just another post on the proposed Copyright Directive released on 14 September 2016 (Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market discussed in my previous post here) and others hard and/or soft law initiatives coming from the European Commission (see for … Continue reading
Let us now turn to the last intellectual work of the Court of Justice of the European Union (CJEU) in the field of copyright and intermediary liability [it is indeed really difficult to get rid of them!] which was released today: Case C‑484/14 Tobias Mc Fadden v Sony Music Entertainment Germany GmbH. Once again, the … Continue reading