Abstract The right to data portability (RtDP) introduced by Article 20 of the General Data Protection Regulation (GDPR) forms a regulatory innovation within EU law. RtDP provides subjects with possibility transfer personal among controllers, but has an impact beyond protection. In particular, facilitates reuse that private companies hold establishing general-purpose control mechanism horizontal application. GDPR is agnostic about type use follows from ported and its further diffusion. We...

In this article we examine the legal framework of European Union for injunctions against intermediaries whose services are used by a third party to infringe an intellectual property right, as set forth in InfoSoc Directive and Enforcement Directive. particular, consider conditions apply injunctions, taking into account how those have been construed CJEU. We explore which is minimum floor injunctive relief Member States obliged provide under Directives, well maximum ceiling allowed, beyond...

The E-Commerce Directive is going through a hard time. Numerous policy initiatives and judgements of the Court are exposing its provisions to real stress test. goal this paper not summarize or evaluate in general trend, but show how single decision CJEU with few open issues can lead destabilization system. center-stage brief article Court’s recent Mc Fadden v. Sony Germany short-term long-term consequences for future safe harbours, their scope IP enforcement. argues that by allowing...

Abstract This paper analyses how the Court of Justice European Union resolves conflicting situations surrounding intellectual property rights (IPR). More specifically, it looks into approaches clashes IPR with other fundamental and economic freedoms what consequences. Building upon previous literature, I advance argument that resolution conflict, by means proportionality interest-balancing exercise, pursues a pro-harmonisation agenda not only in obvious context free movement, but also...

The European Data Economy initiative is built on the belief that current regulatory environment not adequate in order to unleash potential of such data-driven economy. focuses so-called 'non-personal data' as a way complement data protection rules regulate processing personal data. article illustrates notion non-personal starting point for new innovation policies counterproductive three fundamental reasons: (1) datasets are often mixed and boundaries too fluid act anchor; (2) two separate...

On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in Digital Single Market was officially published (DSM Directive). Article (ex-Article 13) is one of its most controversial provisions. tasks Commission with organizing stakeholder dialogues to ensure uniform application obligation cooperation between online content-sharing service providers (OCSSPs) right-holders, establish best practices regard appropriate industry standards professional diligence. In discussion...

A consensus is emerging that a flourishing European data economy requires effective portability of and access to for individuals as well businesses. Beyond the right introduced in General Data Protection Regulation, number regimes are being developed energy, automotive, payment digital content/services sectors. By comparing key aspects these instruments (including their objectives, scope, beneficiaries, configuration modalities), paper analyses relationship sector-specific with Regulation...

This article provides a short primer on the forthcoming Digital Services Act. DSA is an EU Regulation aiming to assure fairness, trust, and safety in digital environment. It preserves upgrades liability exemptions for online intermediaries that exist European framework since 2000. exempts infrastructure-layer services, such as internet access providers, application-layer social networks file-hosting from third-party content. Simultaneously, imposes due diligence obligations concerning design...

The Court of Justice the European Union (CJEU) issued its long-awaited decision on admissibility website-blocking injunctions. ruling generally allows website-blocking, but makes permissibility depend number requirements. Because addresses primarily injunctions which omit to specify specific blocking technology and/or fixed address website (so called ‘open-ended injunctions’), extent principles also apply is subject interpretation.

Abstract Article 17 of the Copyright in Digital Single Market Directive is a major internet policy experiment our decade. The provision fundamentally changes copyright regulation certain digital platforms. However, precise nature Art. far from clear. How does it fit existing structure EU law and doctrine? can Member States implement it? These are questions at heart this article. To answer them, we start by examining right prescribed 17. exact qualification brings important legal...

The Digital Services Act (DSA) creates a system of general risk management that is composed two main obligations: assessment (Article 34), and mitigation 35). obligations are mandatory for very large online platforms search engines (VLOPs/VLOSEs). adoption the risk-based approach to digital services make law more future-proof. But inevitably it also makes vague. This vagueness statutory language causes some suggest European Commission will become proverbial Ministry Truth when tackling...

This study provides a comprehensive analysis of the governance standard development organizations (SDOs), with particular emphasis on developing standards for information and communication technologies (ICT). The is based 17 SDO case studies, survey stakeholders, an expert workshop, review legal economic literature. considers external factors conditioning decision making rules procedures, including binding requirements, government influence, network cooperative relationships other SDOs...

Abstract Smoking kills. It is also very costly, which why many governments try to change the habits of their citizens, including by changing packaging products they buy. Of course, tobacco firms are pushing against such laws. They see rights, in particular, rights intellectual property, violated. argue that legislative changes take away essence hard-earned IP and should not be permissible. point out CJEU allegedly redefining “essence” fundamental its function system limitations developing a...

We welcome the publication of proposed Data Act by European Commission. It is an important piece legislation regulating access to data across EU internal market. To achieve its purpose harmonising rules on making available data, it key that scope provisions and their relationship with other legislative apply in parallel (the GDPR's right portability particular) are clear upfront those possible undesirable side-effects design choices prevented as much possible. With this mind, we suggest...

Abstract On 15 December 2020, the European Commission submitted a proposal for regulation on single market digital services (Digital Services Act, DSA) and amending Directive 2000/31/EC. The legislative project seeks to establish robust durable governance structure effective supervision of providers intermediary services. To this end, DSA sets out numerous due diligence obligations intermediaries concerning any type illegal information, including copyright-infringing content. Empirically,...

Twenty-five years ago, in 1998, the United States Congress developed a blueprint for global regulation of Internet. Section 512 Digital Millennium Copyright Act (DMCA) recognized that user-generated content will be crucial to most digital services and offered up-front assurances from liability some providers subject conditions. What started as sectorial conditional immunity system copyright law was immediately scaled up into an all-encompassing horizontal rulebook European Union through...

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The Digital Services Act creates a system of general risk management that is composed two main obligations: assessment (Article 34), and mitigation 35). obligations are mandatory for very large online platforms search engines (VLOPs/VLOSEs). periodical exercise overseen by the European Commission as exclusive enforcer. It aided official DSA Codes Conduct help to flesh out indicators, best practices, industry-wide consensus. adoption risk-based approach digital services tries make law more...

The Digital Services Act (DSA) is a comprehensive effort by the European Union (EU) to regulate digital services. Many on-lookers in Europe and beyond its borders wonder about whether DSA will influence activities outside of via “Brussels Effect.” In this contribution, we argue that when it comes extraterritorial spill-over effects are driven economic incentives or de facto standardisation private ordering.