anonymisation / big data / Personal data / Privacy / WiFI tracking

Anonymisation, pseudonymisation, WiFi tracking and the French: the JCDecaux case

The topic of ‘anonymisation’ has already been covered several times on the blog (see e.g. here, here, and here). We even have a new research paper (‘Anonymous Data v. Personal Data — A False Debate: An EU Perspective on Anonymization, Pseudonymization and Personal Data’) recently published in the Wisconsin International Law Journal on this issue  … Continue reading

Data protection / Internet intermediaries / liability / Privacy

Data Protection & Intermediary liability: how do the French do it?

While the scope of intermediary liability exemptions is being discussed in several places around Europe (and beyond), it is interesting to go back to the Overblog legal saga, which a few years ago had been described by some as pre-announcing other popular sagas, such as the infamous Google Spain case (discussed in a previous post … Continue reading

content regulation / Copyright / Data protection / General Data Protection Regulation / immunities / Internet intermediaries / ISPs / Right to be forgotten

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

content regulation / Copyright / Internet intermediaries

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

audiovisual media services / content regulation / Copyright / hate speech

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

content regulation / Copyright / Intellectual Property / Internet intermediaries / liability

AG CAMPOS SÁNCHEZ-BORDONA in Stichting Brein: what is the link between GS Media and Article 15 ECD?

      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

Access to data / anonymisation / Data protection / Data transfer / de-identification / General Data Protection Regulation / pseudonymisation / Risk-based approach

A call for a common techno-legal language to speak about anonymisation, pseudonymisation, de-identification… Could this be one of the biggest challenges brought about by the GDPR?

  The General Data Protection Regulation (GDPR) will be applicable in less than two years and lawyers as well as others are trying to grapple with definitional issues. The graduated approach that would have meant alleviating the regime of certain categories of data such as pseudonymised data (e.g. by eliminating the need to comply with … Continue reading

anonymisation / consent / Data protection / Data retention / Personal data / Risk-based approach

CJEU in Breyer: Dynamic IP addresses will (very?) often be personal data and German Law is too restrictive! Okay but how shall we care about voluntary and systematic retention of logs?

  And here is delivered by the Court of Justice of the European Union (CJEU) another landmark judgment: C‑582/14 Breyer v Bundesrepublik Deutschland concerning the proper characterisation of IP addresses and the compatibility of German national law with Article 7(f) of the Data Protection Directive (DPD). The judgement is not available in English yet, but … Continue reading