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 »





Weber, DRI and Schrems: so what are “measures of mass surveillance”? And what should we do with them? A tale of two courts – Sophie Stalla-Bourdillon

14 10 2015

mass-surveillance-2While the Court of Justice of the European Union (CJEU) in its recent judgment Schrems v Data Protection Commissioner (discussed here), does not mention the words “measures of mass surveillance” it states that it is concerned about measures “authoris[ing], on a generalised basis, storage of all the personal data of all the persons”. Read the rest of this entry »





Internet intermediaries: How are you? What do you do? What the European Commission has to say – Sophie Stalla-Bourdillon

16 09 2015

EU_Commission_buildingWhile waiting to discuss with representatives of the European Commission at the first iCLIC Conference this week the implications of its Digital Single Market Strategy for Europe – as well as waiting for the issuing of the Commission’s forthcoming ‘public consultation on the regulatory environment for platforms, online intermediaries, data and cloud computing and the collaborative economy’ about to be published (already leaked by Politico here) – it is worth asking the question again ‘what is an Internet intermediary?’ Or, to use the language of the Commission, ‘what is an “Intermediary Service Provider” (abbreviated ‘ISP’)?’ Read the rest of this entry »





What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world? – Sophie Stalla-Bourdillon

29 07 2015

1695732_3_5e5d_les-membres-du-conseil-constitutionnel_6ab46a8063cf3f19b9b4a0a2007b97d6The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. Read the rest of this entry »