On April 23, the European Parliament and EU Member States agreed on a final draft of the Digital Services Act (“DSA”), proposed by the European Commission in December 2020. Building on the eCommerce Directive from 2000, the DSA overhauls how EU law will treat intermediary liability for online...
The European Parliament passed the Copyright in the Digital Single Market Directive on April 17, 2019. One of its most controversial provisions is Article 17 (formerly Article 13), which requires online content-sharing service providers to obtain authorization (e.g., a license) from rightsholders to...
On March 24, 2022, EU lawmakers reached a compromise on drafts of the Digital Markets Act. The EU Regulation awaits final adoption by the EU Parliament and Council. It will then take full effect in late 2023 or early 2024. The act aims to ban certain practices by large platforms as well as...
While the DSA is intended to refit the 20-year-old E-Commerce Directive, it reproduces a central confusion in its predecessor: The interplay between a lack of knowledge or awareness of illegality remains a precondition to enjoy liability exemptions, however, the DSA encourages platforms proactive...
Because of their importance for the way users find and access information online, recommender algorithms are a source of great power in the algorithmic society—a power that comes with responsibilities, and systematic risks that worry policymakers and academics alike. As such, it is to be welcomed...
Nearly two years have passed since the adoption of the Directive on copyright in the Digital Single Market 2019/790 (DSM Directive). As it was probably bound to happen, the discussion of its content – notably of its Article 17 – is no less heated now than in 2016-2019. This post tackles five key...
The Digital Services Act seeks to consolidate various separate pieces of EU legislation and self-regulatory practices that address online illegal or ‘harmful’ content. It also seeks to harmonise the rules applicable to the provision of digital services across the EU rather than having a patchwork of...
EU's 27 Member States have struggled with transposing the Directive on Copyright in a Digital Single Market. This is the case in particular with regard to the implementation of Article 17, the most contested and debated provision of the CDSM Directive, which significantly reshapes the rules for the...
As the European Commission sets out plans for a Digital Markets Act, ARTICLE 19 calls for protection of users’ human rights to be at the center of plans to regulate the role platform gatekeepers play in the future of Europe’s digital environment. Read more at Article 19.
The Digital Services Act (DSA) and the European Democracy Action Plan (EDAP) mark a step change in the EU policy approach to online disinformation. The ambition of the two new initiatives is to move from self-regulation towards a co-regulatory framework in a bid to make big tech companies more...