Case Law, Strasbourg: Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, No journalism exception for massive exposure of personal taxation data – Dirk Voorhoof

6 07 2017

After long proceedings at national level, a preliminary ruling by the CJEU on 16 December 2008 (Case C-73/07), and after the Court of Human Rights Chamber judgment of 21 July 2015, the Grand Chamber on 27 June 2017 finally found no violation of the right to freedom of expression and information in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. Read the rest of this entry »





Time to speak up for Article 15 of the ECommerce Directive – Graham Smith

23 05 2017

Article 15 of the ECommerce Directive lays down the basic principle that EU Member States cannot impose a general obligation on internet intermediaries to monitor what people say online. We in the UK may have to start worrying for Article 15. 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 »





Damages and compensation for invasion of privacy and data protection infringements – Eoin O’Dell [updated]

16 05 2017

The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea; pictured left), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex in 2006 with one Heather Cole, who (as Heather Clem) was the then-wife of his then-best-friend (the wonderfully-monikered radio personality Bubba “the Love Sponge” Clem). Read the rest of this entry »





Missed Opportunity: Dutch Supreme Court copy-pastes Google Spain Judgment – Jens van de Brink

6 05 2017

In a judgment dated 24 February 2017 the Dutch Supreme Court followed the grounds (of: considerations) of the Google Spain judgment of the EU Court of Justice regarding the right to be forgotten.  Read the rest of this entry »





The GDPR and National Legislation: Relevant Articles for Private Platform Adjudication of “Right to Be Forgotten” Requests – Daphne Keller

5 05 2017

In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Read the rest of this entry »





The “Right to Be Forgotten” and National Laws Under the GDPR – Daphne Keller

4 05 2017

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF).  Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Read the rest of this entry »