Latest Entries
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

big data / consent / data controller / GDPR / General Data Protection Regulation / Personal data

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

content regulation / Copyright / Internet intermediaries / online platforms

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 controller / data protection agencies / facebook / GDPR / General Data Protection Regulation / Jurisdiction / liability / online platforms / Personal data / Social media

CJEU Advocate General opines on the definition of a data controller, applicable national law, and jurisdiction under data protection law

‘Cruise control for the social media age, or stuck in second gear?’ The issue of defining data controllership is “particularly thorny” says AG, and looking to become thornier as complete control is becoming less and less common in practice Last month, Advocate General (AG) Bot of the Court of Justice of the EU (CJEU) delivered … 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

content regulation / eIDAS / filtering / Internet intermediaries / online platforms

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

content regulation / Copyright / defamation / filtering / hate speech / Human rights / Internet intermediaries / Law enforcement / liability / notice-and-action / notice-and-take down / terrorism

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

Data retention / Human rights / Intelligence and security agencies / interception / Jurisdiction / mass surveillance / national security / Security / terrorism

Questions on UK bulk communications data capabilities referred to the EU Court of Justice

The validity of EU Member State legislation to collect and analyse bulk communications (meta)data about us by the security agencies continues to be vexed by questions over the application of EU privacy law requirements The UK Investigatory Powers Tribunal (IPT) has this month referred questions to the EU Court of Justice (CJEU) in a decision … Continue reading

Consumer data / Cybersecurity / Internet of Things / national security / Risk-based approach

Governments push on with Cybersecurity Law and Policy Initiatives – an Overview so far in 2017

Another day, another massive personal data security breach… but how have law-makers and regulators reacted in developing cyber-security policies so far this year? This week it was reported that Equifax – the US credit bureau – suffered a giant cybersecurity breach this summer compromising the personal information (including names, social security numbers, birth dates, addresses, … Continue reading