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 »





The CJEU and the concept of ‘legitimate interest’: The case of Rīgas satiksme – Sophia Stalla-Bourdillon

19 05 2017

On 4 May 2017 the Court of Justice of the European Union (“CJEU”) delivered its judgment in the case Valsts policijas Rīgas reģiona pārvaldes Kārtības policijas pārvalde v Rīgas pašvaldības SIA ‘Rīgas satiksme’, answering two related questions: Read the rest of this entry »





Data Protection and Intermediary liability: how do the French do it? – Sophie Stalla-Bourdillon

24 04 2017

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 here). Read the rest of this entry »





The GDPR, the proposed Copyright Directive and intermediary liability: one more time! – Sophie Stalla-Bourdillon

16 03 2017

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? Read the rest of this entry »





CJEU Advocate General Opines on the ‘Legitimate Interest’ Concept – Alison Knight

5 02 2017

16-08-31-skoda_24tr_irisbus_riga-rr2_4520I’ve previously written (here) about the concept of legitimate interest under data protection law and how it has captured the attention of data protection agencies, as well as the EU institutions in informing the relevant provisions under the new General Data Protection Regulation (GDPR) to apply from May 2018. Read the rest of this entry »





New UK Decisions on the Data Protection Implications of Information Sharing with Law Enforcement – Alison Knight

6 09 2016

upload-25068__180Determining when the sharing of personal data is legal can be a complicated exercise. Yet, the impetus for governmental agencies to collect and share more and more information is at an unprecedented high. In the EU, this is no more true than in respect of efforts to bolster the fight against crime and terrorism by remedying deficiencies in the exchange of intelligence information with international partners, such as the US. Much of this information may be generated by organisations in the private sector and requested by agencies directly from them. Read the rest of this entry »





The EU Commission and its official Communication on Online Platforms: is the e-commerce Directive being attacked by the back door? – Sophie Stalla-Bourdillon

12 06 2016

european-commission-building-flagsAs you might remember, a draft version of the European Commission’s Communication on Online Platforms and the Digital Single Market was leaked at the end of April. From digesting it at that time, it seemed to be clear that the Commission had taken the view that content regulation should be sectorial and the liability exemptions to be found in the e-commerce Directive (2000/31/EC) had to be preserved. [See my earlier post here]. Read the rest of this entry »