Category Archives: Defamation and Privacy

Peter Swire, ‘When Does GDPR Act as a Blocking Statute: The Relevance of a Lawful Basis for Transfer’

ABSTRACT This paper addresses an important practical topic – when does the EU General Data Protection Regulation (GDPR) act as a ‘blocking statute’, to prohibit transfers of personal data in response to requests by non-EU law enforcement agencies? Since the GDPR went into effect in 2018, there has been considerable discussion of this issue, most […]

Andrej Savin, ‘Harmonising Private Law in Cyberspace: The New Directives in the Digital Single Market Context’

ABSTRACT This article is an overview of the latest developments in EU private law in the Digital Single Market context. After several years of uncertainty, in 2019 the EU adopted directives on the sale of goods (Directive 2019/771) and distance sale of content and services (Directive 2019/7770). Both directives are an important upgrade of the […]

‘Post-Legislative Memorandum: The Defamation Act 2013’

“This Post-Legislative Memorandum sets out the objectives, background and contents of the Defamation Act 2013 and provides a preliminary assessment of how the Act has operated in practice to enable the Justice Select Committee to consider whether a full post-legislative inquiry is appropriate.” Ministry of Justice, Post-Legislative Memorandum: The Defamation Act 2013 (17 October 2019).

Milos Novovic, ‘Fighting European “Copyright Tourism”: Lessons from Defamation Laws’

ABSTRACT In the recent cases of Pinckney and Hejduk, the ECJ revised European rules on jurisdiction over online copyright infringement disputes – making it possible for claimants to bring their lawsuits in virtually any European country. Due to the application of lex loci protectionis, this choice of venue also affects the law applicable to disputes. […]

Doug Rendleman, ‘The Defamation Injunction Meets the Prior Restraint Doctrine’

ABSTRACT This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v Sullivan, and injunctions and their enforcement … (more) […]

Mariette Jones, ‘The Defamation Act 2013: a free speech retrospective’

INTRODUCTION One of, if not the main, reason for enacting the Defamation Act 2013 was the concern that the English common law of defamation was chilling free speech. Lord Lester, introducing his Defamation Bill, said the following: ‘Our law suffers from the twin vices of uncertainty and overbreadth. The litigation that it engenders is costly […]

‘Conference held in Bergamo, October 3/4, on Private Enforcement Of General Data Protection: Regulation New Chances, New Challenges’

“Elisabetta Bani, Viviana Molaschi and Massimo Foglia, that welcomed the participants and emphasized the importance of the subject in the currant law debate, opened the Conference, that was immediately followed by a first session chaired by Radek Strugala. In this session some general issues were discussed, detailed and exemplified …” (more) [Dulce Lopes and Massimo […]

Stephen Alexander, ‘Will trust proceedings of the future be private?’

ABSTRACT This article considers the development, and future course, of the law of privacy in administrative trust proceedings. The author argues that the principles of open justice should remain as the starting point of judicial thinking; that this should mean that the courts’ approach is driven by what is necessary to enable the public to […]

Davis and Marotta-Wurgler, ‘Contracting for Personal Data’

ABSTRACT Is contracting for the collection, use, and transfer of data like contracting for the sale of a horse or a car or licensing a piece of software? Many are concerned that conventional principles of contract law are inadequate when some consumers may not know or misperceive the full consequences of their transactions. Such concerns […]

Janeček and Malgieri, ‘Commerce in Data and the Dynamically Limited Alienability Rule’

ABSTRACT Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the […]