The EU Commission and the tackling of illegal content: is more too much? – Sophie Stalla-Bourdillon

11 03 2018

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 binding on anyone, although the EC will monitor the effects of this Recommendation as per Chapter IV) on the topic. Read the rest of this entry »

Case Preview: NT1 v Google LLC (ICO intervening), The First “Right to be Forgotten” trial – Aidan Wills

27 02 2018

Today sees the start of the first High Court trial to address the application of the right to be forgotten (“RTBF”) as articulated by the CJEU in C‑131/12 Google Spain v Agencia Española de Protección de Datos & Mario Costeja González (“Google Spain”). Read the rest of this entry »

Leveson, the Data Protection Bill and the ICO’s procedural powers in relation to Journalism – David Erdos

18 01 2018

One of the main findings of Lord Justice Leveson’s Inquiry into the Culture, Practices and Ethics of the Press was that that the Information Commissioner’s Office (ICO) did not have sufficient procedural powers to ensure that journalists did not seriously abuse personal data. Read the rest of this entry »

Data Protection: Overview of the Case Law in 2017

10 01 2018

It was perhaps in 2017 that media and information lawyers became fully aware of the potential benefits of data protection claims.  The  Court of Appeal approved what has now become the standard practice of pleading data protection and defamation claims in tandem. Read the rest of this entry »

Internet legal developments to look out for in 2018 – Graham Smith

2 01 2018

A preview of some of the UK internet legal developments that we can expect in 2018. Any future EU legislation will be subject to Brexit considerations and may or may not apply in the UK. Read the rest of this entry »

Right to be forgotten and global delisting: some news from Spain – Miquel Peguera

21 12 2017

In a recent ruling, the Spanish Audiencia Nacional – the high court that referred the Google Spain case to the Court of Justice of the European Union (“CJEU”) – has somehow expressed opposition against imposing global delisting obligations on search engines. Read the rest of this entry »

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

12 11 2017

Last month, Advocate General (AG) Bot of the Court of Justice of the EU (CJEU) delivered an opinion which, although non-binding in nature, could potentially have far-reaching consequences for the development of data protection law in the EU. Read the rest of this entry »