Tech Notes – digital innovation & civil liberties (+DSA)

The DSA Newsletter #3

The newsletter is still alive! The long pause has to do with some technical problems on my end and the LSE grading season. A ton has happened since Newsletter #2. VLOP/VLOSE designations are out This is yesterday’s news, but still worth covering. On April 25, 2023, the European Commission published its list of 17 VLOPs,

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The DSA’s Scope Briefly Explained

This is an excerpt from a draft of Chapter 9 from my forthcoming book (Husovec, Principles of the Digital Services Act (OUP, 2024)). It describes the main digital ecosystem of services that are regulated by the DSA as infrastructure services, hosting services, online platforms, very large online platforms (VLOPs), and very large online search

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The DSA Newsletter #2

husovec
posted on December 21, 2022December 21, 2022
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Here is a roundup of useful resources on the DSA from November and December 2022. Verfassunsblog symposium The symposium that I mentioned last time led to a wonderful collection of essays by scholars working on the DSA. I definitely recommend all the pieces, especially Folkert Wilman’s piece on where the DSA liability chapter fits into

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The DSA Newsletter #1

husovec
posted on November 2, 2022November 2, 2022
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In the coming months, I want to share some useful DSA resources on a bi-weekly or monthly basis. Here is the first batch of the DSA-related resources that I found useful and want to share with you. The DSA was published as Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19

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The DSA text is officially out

husovec
posted on October 27, 2022October 27, 2022
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The Official Journal of the European Union just published the final text of the Digital Services Act

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Why Article 17 DSMD should be invalidated? [talk transcript]

husovec
posted on February 11, 2022February 13, 2022
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This is a slightly edited version of the transcript of my talk given at the conference hosted by the Institute of Political Studies of the Polish Academy of Sciences and the Faculty of Law and Administration of the Adam Mickiewicz University in Poznan in December 2021. The talk is also available as a video-recording here

Posted in data protection, data retention, privacy

The Slovak Constitutional Court on Risk Profiling and Automated Decision-Making by the Tax Authority

The Slovak Constitutional Court just published its eKasa decision, dealing with the constitutionality of indiscriminate data collection of store receipts and their subsequent re-use for risk profiling of companies. Context Some years ago, the Slovak legislature adopted a law mandating the collection of all store receipts in the country. Every receipt issued by a sole

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Trusted Content Creators

husovec
posted on October 25, 2021October 27, 2022
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The Digital Services Act reignited the debates about how to treat professional journalists in the see of user-generated content which is often of doubtful quality. Some even go as far as to suggest that journalistic content should be entirely carved out of platform responsibilities or that the content shall enjoy near must-carry status. I am

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How to fix the over-removal of legal content?

husovec
posted on October 19, 2021October 19, 2021
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This is a short briefing paper submitted to the House of Lords about how to tackle the problem of over-removal on platforms by re-designing the incentives at

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CJEU redefines sui generis database right

On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The case significantly alters the previous case law on the infringement test. Read my and