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 »





The French Court Case That Threatens to Bring the “Right to be Forgotten” Everywhere – Nani Jansen Reventlow

27 04 2017

A court case in France might drastically change what information individuals can access online. The case is pending before the French Council of State—France’s highest court—and concerns a “right to be forgotten” dispute between Google and the French data protection authority, CNIL. Read the rest of this entry »