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 »





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 »





I link, he delists and they get entangled in! Re-mixing copyright, trade marks and data protection while waiting for the CJEU’s decision in GS Media – Sophie Stalla-Bourdillon

1 05 2016

drawing-1Some of you certainly remember the Google v Vuitton case decided by the CJEU some years ago now, in 2010, which was a case about trade mark infringement. (Sometimes it is useful to go back to the roots!) To make the story short, the case involved the use of keywords corresponding to trade marks in Google’s AdWords system. Read the rest of this entry »





MTE v Hungary: is the ECtHR rewriting Delfi v Estonia? – Sophie Stalla-Bourdillon

9 02 2016

ARCHITECTURE STOCKA few months after the now infamous judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Delfi v Estonia  (for background, see my earlier post here), the Fourth Section of the Court issued on 2 February 2016 a judgment (MTE v Hungary) dealing with similar issues. Read the rest of this entry »