New CJEU Decision on Use of Cookies
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New CJEU Decision on Use of Cookies
On October 1, 2019 the Court of Justice of the European Union (CJEU) issued a new judgment on the use of cookies which, under the EU E-Privacy Directive, requires users’ informed consent. The court decided that
the cookies consent cannot be obtained by using a pre-ticked consent checkbox; and
information must be provided to users which includes the duration of the operation of cookies and whether third parties may have access to the cookies.
To …
EU Limits Territorial Scope of ‘Right to Be Forgotten’ on the Internet
EU Limits Territorial Scope of ‘Right to Be Forgotten’ on the Internet
On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out de-referencing on non-EU member state versions of its search engine. The case relates to a penalty of €100,000 that the French data protection authority, CNIL, had imposed on Google in March 2016. In granting a de-referencing request, the search engine – on free speech grounds…
CJEU Finds Website Operators Using Social Media Plugins Are Joint Controllers
On July 29, 2019, the Court of Justice of the European Union (CJEU) found that a website operator using a social media plugin is a joint controller with the social media company providing the plugin and can be held jointly liable in relation to such processing activities. Although the case was decided under the Privacy Directive 95/46, since the ruling concerns definitions that also exist under the General Data Protection Regulation (GDPR), website operators should…
CJEU Finds Website Operators Using Social Media Plugins Are Joint Controllers
The ePrivacy Regulation: The Next European Initiative in Data Protection
While many are still digesting the changes brought about by the EU General Data Protection Regulation (GDPR), a new privacy regulation is already on its way. The Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications – in short, the ePrivacy Regulation – is currently a draft under discussion (the latest version by the EU Council was published on 13 March 2019).
Unlike the GDPR, the draft ePrivacy…
The ePrivacy Regulation: The Next European Initiative in Data Protection
Modernization of EU Copyright Rules: A Good Idea With Bad Results?
In a period of ongoing modernization of European legislation concerning the European Digital Single Market, the regulation of online copyright is a continuing concern. The proposed new copyright directive (‘the Copyright Directive’) would bring far-reaching changes to European copyright law and has been heavily debated by the member states over the last two years. It has also been intensely criticized in the media.
On Wednesday, 13 February 2019, however, a breakthrough was achieved when the…
CJEU Renders Judgment: Taste is Not Protected by Copyright
In August 2018 we published a blog about a case before the Court of Justice of the European Union (the CJEU) concerning the possibility of copyright on taste of a food product. The special advisor of the CJEU, the Advocate General, advised that taste should not be protected by copyright.
The main reason for this opinion was that taste cannot be objectively identified as a copyright-protected work. To establish whether a work can be protected…