CDSM Directive, Digital Single Market, European Union, Legislative process, Liability

(Institute for Information Law (IViR) )/ /Leave a comment

With its landmark decision in Poland/Parliament and Council of 26 April 2022 (case C-401/19), the Grand Chamber of the Court of Justice of the European Union (CJEU) has clarified that the filtering obligations arising from Article 17(4)(b) and (c) of the Directive on Copyright in the Digital Single Market 2019/790 (“DSM Directive” or “DSMD”), are…

Database right, Digital Single Market, European Union, Legislative process

(The University of Nottingham), (Institute for Information Law (IViR)), (London School of Economics), and (Institute for Information Law (IViR) )/

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….