News: UKIP MEP fails in attempt to rely on European Parliamentary immunity to avoid English libel action. [Update2: Stay now granted]

17 05 2016

Jane Collins

Jane Collins, the UKIP MEP for Yorkshire and North Lincolnshire, has failed in her attempt to stay a libel action by relying on the “Privileges and Immunities of the European Union“. [Update] The stay was granted today after the President of the Parliament wrote to the court (see the end of this post). Read the rest of this entry »





How would Brexit affect data protection, privacy and surveillance laws in Britain? – Steve Peers

11 05 2016

image-20160504-5832-11yu217Successive British governments have passed or tried to pass laws granting wide data sharing and surveillance powers, only for them to founder in the European courts due to conflicts with European directives and laws such as the European Charter of Fundamental Rights. 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 »





Spain: Clash between different chambers of the Supreme Court on the right to be forgotten – Miguel Peguera

14 04 2016

spain-google_110421_620x350The right to be forgotten – which can be best described as a right to be delisted – was recognized by the CJEU on the assumption that the search engine operator, Google Inc., is a data controller of the personal data included in the search results. Read the rest of this entry »





Data protection through the lens of competition law: will Germany lead the way? – Inge Graef and Brendan Van Alsenoy

24 03 2016

germany-1177268_1920_fullOn 2 March 2016, the Bundeskartellamt, the German competition authority announced its decision to initiate proceedings against Facebook on suspicion that the social network provider had abused its dominant position by infringing data protection rules.  This case represents the first attempt by a European competition authority to integrate data protection interests into competition analysis, and raises interesting questions about the interface between these two areas of law. Read the rest of this entry »





Poland: The Public, The Government And The Media – Beata Klimkiewicz

11 02 2016

bea-kl-150x150Recent media regulatory changes in Poland elicited strong reactions from international institutions and the European Union. In his letter to the Polish President Andrzej Duda, Thorbjørn Jagland, the Secretary General of the Council of Europe, expressed particular concern about the new law “and the impact it may have on the integrity and independence of public service media, as a vital condition for genuine democracy”. Dunja Miljatović, OSCE Representative on the Freedom of the Media, warned that the controversial new Act gives the Government “direct control over management positions in the PSB.” On 13 January, the European Commission took an unprecedented move to launch an investigation into the rule of law in Poland. Read the rest of this entry »





Press urges Britain to ‘Keep calm and blame Europe’ – John Jewell

9 02 2016

Sun Dad's ArmyThe latest polls are telling us that the British public are moving in droves to the Brexit camp: YouGov has found that 45% would vote to leave the EU against 36% who would vote to stay while 19% declared themselves as “don’t knows”. As The (eurosceptic) Times put it: “Excluding the ‘don’t knows’, this means 56% want to leave while 44% want to remain.” Read the rest of this entry »








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