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 »





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 »





Investigatory Powers Bill, Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance – Alison Knight

30 12 2015

man-1071773__180Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, and formally presented to Parliament, early last month. Read the rest of this entry »