Category Archives: European Private Law

‘Copyright law trapped in the web of hyperlinking: the AG’s Opinion in the VG Bild-Kunst case’

“On September 10, 2020 the Advocate General (AG) Maciej Szpunar delivered his Opinion on the case of VG Bild-Kunst v Stiftung Preußischer Kulturbesitzanother (C‑392/19), a further case concerning the legality of linking. The assessment of linking from an EU copyright law perspective appears to be a labyrinthine legal exercise, since, following the seminal Svensson (C‑466/12) […]

Vehar and Gils, ‘I’m sorry AI, I’m afraid you can’t be an author (for now)’

ABSTRACT This article examines how works created by artificial intelligence (AI) systems, or with their support, are protected under copyright law and affiliated regimes. It first looks at the conditions under which copyright protection may be granted to such works from a German and Belgian perspective. Subsequently, the article deals with alternative IP protection mechanisms […]

‘Consumers and businesses in digital markets – An unequal relationship?’

“On 15 October, the Swedish Consumer Agency, its Scientific Council and Maastricht University (in particular the Law and Tech Lab) hosted the webinar ‘Consumers and businesses in digital markets – An unequal relationship?’, focused on bringing together the perspectives of national consumer authorities, consumer organizations, businesses and supranational law-makers on the challenges and opportunities of […]

Christina Angelopoulos, ‘Harmonising Intermediary Copyright Liability in the EU: A Summary’

ABSTRACT With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the liability of internet intermediaries for third party copyright infringement has become two-tiered: at a first stage, it is necessary to examine whether a given intermediary attracts, in its pursuit of a certain […]

‘Forward to the Past: A Critical Note on the European Parliament’s Approach to Artificial Intelligence in Private International Law’

“On 20 October 2020, the European Parliament adopted – with a large margin – a resolution with recommendations to the Commission on a civil liability regime for artificial intelligence (AI). The text of this resolution is available here; on other issues of AI that are part of a larger regulatory package, see the Parliament’s press […]

‘Global Perspectives on Responsible Artificial Intelligence’

“In June 2020, the Freiburg Institute for Advanced Studies (FRIAS) held an online symposium dealing with ‘Global Perspectives on Responsible Artificial Intelligence (AI)’. The range of topics included the implications of AI for European private law (Christiane Wendehorst, ELI/University of Vienna), data protection (Boris Paal, Freiburg), corporate law (Jan Lieder, Freiburg) …” (more) [Jan von […]

Federico Mucciarelli, ‘E Pluribus Unum? Language Diversity and the Harmonization of Company Law in the European Union’

ABSTRACT This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive […]

Charles Towl, ‘Gone fishing: legal professional privilege and data subject access requests in trust law – Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352’

ABSTRACT Following a data subject access request made in 2014, the Court of Appeal has recently taken the opportunity to consider the nature of joint privilege. By affirming that joint privilege is a procedural issue, rather than a substantive element of trust law, the court removed it from the remit of offshore restrictions upon trustee […]

Christina Angelopoulos, ‘Primary and Accessory Liability in EU Copyright Law’

ABSTRACT In theory, the concepts of primary and accessory liability appear quite distinct. Primary liability results from a direct wrongdoing, whereas accessory liability requires participation in the wrongdoing carried out by somebody else. Until recently, the conventional wisdom was that EU copyright law harmonized primary, but not accessory liability for copyright infringement, only touching upon […]

Rogers Alunge, ‘Breach of security vs personal data breach: effect on EU data subject notification requirements’

INTRODUCTION In the European Union (EU), data controllers and processors are required to implement appropriate technical and organizational measures appropriate to the risk of processing personal data, and notify data protection authorities and data subjects of personal data breaches which present a high risk to their rights and freedoms. Notifying data subjects of personal data […]