Territorial scope in recent CJEU cases: Google v CNIL / Glawischnig-Piesczek v Facebook – Cathryn Hopkins

9 11 2019

The Court of Justice of the European Union (the “CJEU”) has handed down a few intermediary-related judgments since September alone, and two are considered below. Although one relates to the E-Commerce Directive (the “ECD”) and the other to the Data Protection Direction (the “DPD”)/GDPR, a comparison of the judgments shows an apparently inconsistent approach of the CJEU to the territorial reach of injunctions against internet intermediaries. Read the rest of this entry »





News: Stunt v Associated Newspapers, Data Protection reference to CJEU withdrawn

30 10 2019

On 29 October 2019 the Court of Appeal (Etherton MR, Sharp P and McFarlane P) made an order withdrawing the reference to the CJEU in the case of Stunt v Associated Newspapers ([2018] EWCA Civ 1780) . Read the rest of this entry »





ECJ confirms territorial limitations of ‘the right to be forgotten’ – Iain Wilson and Elisabeth Mason

3 10 2019

On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL), C‑507/17, effectively a sequel to the landmark data protection ‘Google Spain’ decision in May 2014. Read the rest of this entry »





The Right To Be Forgotten back in the CJEU: Court Judgments on the territorial scope of de-referencing; and sensitive personal data – Ian Helme

27 09 2019

Following on from the Advocate General Opinions published on 10 January (which I wrote about here), yesterday the Court of Justice released its decisions in two cases concerning internet search engines and the right to be forgotten. Read the rest of this entry »





The Facebook Appeal and Procedural Grounds – Christopher Knight

25 07 2019

What sort of grounds of challenge can be run on an appeal against a monetary penalty notice issued by the Information Commissioner? Where the Tribunal has a full merits jurisdiction, is there scope for grounds of challenge relating to the process by which the MPN was reached? Read the rest of this entry »





BA’s record fine could help make the public take data security more seriously – John McAlaney

12 07 2019

British Airways (BA) has received a record fine of £183m after details of around 500,000 of its customers were stolen in a data breach in summer 2018. The fine was possible thanks to new rules introduced last year by the EU’s General Data Protection Regulation (GDPR), which gave the British regulator powers to impose much larger penalties on companies that fail to protect their customers’ data. Read the rest of this entry »





Suppressing undesired vocabulary: Advocate General on the registration of the trade mark ‘Fack Ju Göhte’ – Alexandros Antoniou

11 07 2019

On 2 July 2019, Advocate General (AG) Bobek delivered his opinion in Case C-240/18 P Constantin Film Produktion GmbH v European Union Intellectual Property Office (EUIPO), advising that the EUIPO’s decision to reject the registration of the trade mark ‘Fack Ju Göhte’ because it was too offensive should be annulled. Read the rest of this entry »





The Law, the ‘Outlaws’ and Ad Tech’s O.K. Corral – Ali Vaziri

29 06 2019

Programmatic advertising is often likened by commentators to the Wild West: some because they consider it to be a lawless place where anything goes; others because it pushes boundaries and is creating a new frontier. Read the rest of this entry »





GDPR: The digital age of consent, one year on – Alex Cooney

24 05 2019

This Saturday, 25 May, will be the one year anniversary of Europe’s General Data Protection Regulation (GDPR) coming into force. Alex Cooney, CEO of CyberSafeIreland, a non-profit working to empower children, parents and teachers to navigate the online world in a safe and responsible manner, discusses the impact of the regulation on children, particularly the GDPR’s requirement for a digital age of consent. Read the rest of this entry »





The EU is trying to protect your memes: but it’s a battle against humourless algorithms – Sabine Jacques

23 03 2019

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The European parliament will vote at the end of March 2019 on a proposal to reform EU copyright law. Under this proposal, online platforms arguably have to introduce technological filters to tackle copyright infringements. This will be of particular interest to people who make satirical memes or parodies based on online content such as art or films, much of which is subject to copyright protection. Read the rest of this entry »