Anonymity in CJEU cases: privacy at the expense of transparency? – Peter Oliver

31 12 2018

Juliet famously asked: “Romeo, Romeo wherefore art thou Romeo?”  And then adds: “What’s in a name? That which we call a rose by any other word would smell as sweet.”  Having an unfortunate name (like Montague, if you have the misfortune to fall in love with a Capulet) can be challenging.  But what about having no name?   Read the rest of this entry »





When is Facebook liable for illegal content under the E-commerce Directive? CG v. Facebook in the Northern Ireland courts – Lorna Woods

28 01 2017

facebookThe ubiquity of social media platforms and their significance in disseminating information (true or false) to potentially wide groups of people was highly unlikely to have been in the minds of the European legislators when they agreed, in 2000, the e-Commerce Directive (Directive 2000/31/EC) (ECD). Read the rest of this entry »





Data retention and national law: the ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson (Grand Chamber)

27 12 2016

tele2The 21 December 2016 judgment in these important cases concerns the acceptability from a human rights perspective of national data retention legislation maintained even after the striking down of the Data Retention Directive in Digital Rights Ireland (Case C-293/12 and 594/12) (“DRI”) for being a disproportionate interference with the rights contained in Articles 7 and 8 EU Charter of Fundamental Rights (EUCFR).  Read the rest of this entry »





Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

24 08 2016

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Read the rest of this entry »





Human Rights and National Data Retention Law: the Opinion in Tele 2 and Watson – Lorna Woods

22 07 2016

tele2The Advocate-General’s opinion of 19 July 2016 concerns two references from national courts which both arose in the aftermath of the invalidation of the Data Retention Directive (Directive 2006/24) in Digital Rights Ireland dealing with whether the retention of communications data en masse complies with EU law.  Read the rest of this entry »