Category Archives: European Private Law

‘Court of Appeal warns against “overstretching” the concept of personal data’

“The Irish Court of Appeal has held that while the definition of ‘personal data’ is very broad, to interpret a document as constituting personal data for the sole reason that it was generated as a result of a complaint made by the data subject, would be to ‘overstretch’ the concept of personal data. In a […]

Séverine Dusollier, ‘The 2019 Directive on Copyright in the Digital Single Market: Some progress, a few bad choices, and an overall failed ambition’

ABSTRACT After four years of fierce debate, the Directive on Copyright in the Digital Single Market was finally adopted in April 2019. The legislative text aims at adapting copyright to the digital world, remedying some gaps and uncompensated uses of works and other subject matter, and enhancing some valuable uses through new or reaffirmed exceptions. […]

Manuel Penades Fons, ‘The effectiveness of EU law and private arbitration’

ABSTRACT This article examines the impact of the principle of effectiveness of EU law on private arbitration. It uses the frame of post-award litigation to demonstrate that the relationship between these two normative orders is transversal and potentially very disruptive. This is evidenced by the alteration of the burden of proof in post-award actions, the […]

Dumitru and Tomescu, ‘European Consumer Law in the Digital Single Market’

ABSTRACT In the context of current pandemic crisis due, social distancing and quarantine measures were imposed by states due to the high risk of infection by going out of the house for buying the goods and services that are required. Naturally, there has been an increase in online acquisitions, use of online entertainment and online […]

Barbara Pozzo, ‘Looking for a Consistent Terminology in European Contract Law’

ABSTRACT European Community Law has a multilingual character, which reflects the fact that the European Union is becoming an increasingly multicultural and multilingual entity. Following the accession of the new Member States in May 2004 and of Romania and Bulgaria in January 2007 and, finally, of Croatia in 2013, there are now 24 official languages […]

Available for pre-order: German Civil Code by Dannemann and Schulze

The Bürgerliches Gesetzbuch in the version as from 2 January 2002 is the very backbone of German civil law. Its institutions and principles are essential for the understanding of the law of Europe’s major legal systems. In its first edition, this article-by-article commentary covers books 1 to 3 of the code, ie General Part, Law […]

‘Implementations of article 17 of the DSM directive should be Free Speech by Design’

“The new Directive for Copyright in the Digital Single Market (‘DSM Directive’) was a controversial piece of legislation. Notably, its article 17 has raised many concerns for its impact on fundamental rights, and particularly freedom of expression. In contrast to the mostly declarative or procedural guarantees included in the directive, I argue that an effective […]

Raffi Teperdjian, ‘The Puzzle of Squaring Blockchain with the General Data Protection Regulation’

ABSTRACT Blockchain is a revolutionary technology that enables the secure recording and storage of transactions without the need for a trusted third-party intermediary. This distributed ledger technology has the potential to mainstream entirely new, decentralized business models where determining the operation of a blockchain-based product or service is decided democratically among the systems users. Because […]

‘After Schrems II: Uncertainties on the Legal Basis for Data Transfers and Constitutional Implications for Europe’

“The judgment issued by the Court of Justice of the EU (CJEU) on 16 July 2020 in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, ‘Schrems II‘), is without doubt a constitutional judgment. It affirms strongly the importance of maintaining a high level of protection of personal data transferred from the European […]

Roberto Pardolesi, ‘The Right to Be Forgotten Comes of Age’

ABSTRACT As time goes by, dust accumulates, feelings are diluted and dispersed, psychological and physical wounds heal, synapses get lost, memory vanishes, people forget (but the Internet does not). Oblivion is in the nature of things and should be dealt with as such. One can accept it, or fight, resist and (try to) remember. But […]