Part I of this post discussed Grand Chamber judgment on the validity of Article 17 CDSMD and explained the need for a more concrete strategy to meet the challenge of implementing that provision in national laws. This part II discusses the growth of public regulators as a check on the rise of private power in…
On 9 July 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-264/19 Constantin Film Verleih v YouTube and Google Inc. Providing clarification on the scope of the copyright holder’s right to information, the CJEU decided that the notion of “address”, as set in Directive 2004/48/EC (Enforcement Directive), does…
The first post of this two-part series on Emergency Remote Teaching (ERT) discussed the copyright implications of the use of different online services in the context of ERT. The second part explores the data protection (DP) issues. Our analysis evaluates compliance of platforms with the General Data Protection Regulation (GDPR), in order to assess how…
Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move to Emergency Remote Teaching (ERT) took most universities by surprise. Some universities were able to rely on licensed software, repurposed to instruct students, and provide their staff…
In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…
“AG Jääskinen declined to classify Google as a “controller” of the data included on the pages indexed by its search engine within the meaning of article 1(d) of the Data Protection Directive.” The CJEU’s Advocate General Niilo Jääskinen issued an Opinion on 25 June advising the Court to refrain from allowing citizens the right to require Google…
