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European Parliament and EU Member States have agreed on a final draft of the Digital Services Act

April 23, 2022

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...

Directive 2019/790/EU on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC

April 17, 2022

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...

Deal on Digital Markets Act: EU rules to ensure fair competition and more choice for users

March 24, 2022

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...

Five considerations for the transposition and application of Article 17 of the DSM Directive

February 16, 2021

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 Challenge to Article 17 CDSM, an opportunity to establish a future fundamental rights-compliant liability regime for online platforms

February 11, 2021

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...

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