Posted in DSA

The DSA Newsletter #2
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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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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Posted in DSA

Trusted Content Creators
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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Posted in Art 10 ECHR, collateral censorship, freedom of expression, overblocking, website blocking

[ECtHR] Kharitonov v Russia: When Website Blocking Goes Awry
The European Court of Human Rights will soon hear a key case on website blocking and freedom of expression online – Kharitonov v Russia (app no. 10795/14). The case raises tons of important questions. It should be therefore closely watched by scholars, advocates and policy makers. As a part of Internet Policy Clinic at TILT,
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, blocking, CJEU

[New Paper] Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands
I have recently uploaded on SSRN a new draft of a paper about harmonization and blocking (forthcoming in GRUR Int) that I co-authored with my student, Lisa van Dongen. It is an extension of the talk that I gave in Berlin last year during the JIPLP/GRUR event. I hope you will find it useful. As
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