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Intellectual Property and the Human Right to a Healthy Environment external link
Links
Human rights, Intellectual property
RIS
Bibtex
Balancing Intellectual Property Protection with the Human Right to a Healthy Environment: Internal and External Reconciliation Approaches download
healthy environment, Human rights, Intellectual property
RIS
Bibtex
Fashion Upcycling and the Human Right to a Healthy Environment: Trademark Protection Thwarting Sustainable Reuse? download
Fashion, healthy environment, Human rights, trade mark
RIS
Bibtex
Are the European TDM Exceptions Applicable to GenAI Training? Despite the Three-Step Test? external link
A Procedural Sedative: The GDPR’s Right to an Explanation download
Abstract
What remedies do you have when AI errs, when it discriminates, or harms you in some other way? How can we hold organizations accountable when they cause people harm during the development, distribution, or use of AI? Arguably, the first step is understanding how the system in question works. To this end, the right to an explanation, provided in EU
law under the GDPR and the AI Act, is one of the most important remedies individuals have to contest AI.
Links
AI Act, Artificial intelligence, GDPR
RIS
Bibtex
Trading nuance for scale? Platform observability and content governance under the DSA external link
Abstract
The Digital Services Act (DSA) marks a paradigmatic shift in platform governance, introducing mechanisms like the Statement of Reasons (SoRs) database to foster transparency and observability of platforms’ content moderation practices. This study investigates the DSA Transparency Database as a regulatory mechanism for enabling observability, focusing on the automation and territorial application of content moderation across the EU/EEA. By analysing 439 million SoRs from eight Very Large Online Platforms (VLOPs), we find that the vast majority of content moderation decisions are enforced automatically and uniformly across the EU/EEA. We also identify significant discrepancies in content moderation strategies across VLOPs, with TikTok, YouTube and X exhibiting the most distinct practices, which are further analysed in the paper. Our findings reveal a strong correlation between automation and the speed of content moderation, automation and the territorial scope of decisions. We also highlight several limitations of the database, notably the lack of language-specific data and inconsistencies in how SoRs are reported by VLOPs. We conclude that despite such shortcomings, the DSA and its Transparency Database may enable a wider constellation of stakeholders to participate in platform governance, paving the way for more meaningful platform observability.
Links
Content moderation, Digital Services Act (DSA), platform governance, Transparency
RIS
Bibtex
Angemessene Vergütung insbesondere im Bereich Streaming und Plattform-Ökonomie/Reform des Vergütungssystems für gesetzlich erlaubte Nutzungen im Urheberrecht download
The EU’s Digital Sovereignty and Quantum Technologies: To What End? external link
Abstract
Digital sovereignty, as a core EU policy objective, conveys the urgency of reducing dependencies, safeguarding European values, and regaining control over data, infrastructure, and technologies through regulation, strategic investments and geopolitical partnerships. However, it is a broad term encompassing different elements, and achieving some form of digital sovereignty remains questionable. This paper argues that digital sovereignty is less about what the term tends to convey and more about legitimising points of control. First, we examine the evolution of sovereignty and resulting regulation in relation to digital infrastructures and technologies. Second, we focus on the less-studied field of quantum technologies, which has become a recent anchor point for EU digital sovereignty policy. We highlight how, underlying the efforts to assert control and attain independence, digital sovereignty operates performatively to construct the European identity and produces tangible effects, such as the allocation of funds towards uncertain technological goals and select European actors.
Digital sovereignty, quantum technologies
RIS
Bibtex
An EU Copyright Framework for Research: Opinion of the European Copyright Society external link
Abstract
Research and academic freedom are at the core of the EU project. Yet, the relationship between EU copyright law and research is intricate. Research and education interests have traditionally been recognized within copyright law to some degree, however, the current EU copyright acquis is not really conducive to an effective research environment. This jeopardises the fulfilment of the EU’s ambitions in the field.
Building on the pillars of action of the European Research Area (ERA) Policy Agenda 2022-2024 and its follow-up, the ECS emphasises the need for a copyright framework that fosters research, and supports the call for immediate action on the EU copyright framework to address the most pressing challenges it raises for European researchers and their institutions.
This Opinion stresses the need to ensure a proper balance between IP rights, protected under Article 17(2) CFREU, and the freedom of art and science (Article 13 CFREU), coupled with the ‘right to research’, as enshrined in international legal instruments (UDHR and ICESCR), the objectives of the EU treaties, and the CFREU and ECHR. Various EU and national legal instruments are in place that facilitate access and reuse of scientific works, but these have several shortcomings. They weaken the effective balance between copyright, research policy needs, and the fulfilment of ERA policy goals, including the EU Open Science agenda.
This opinion focuses on the flaws in key provisions aimed at balancing copyright and research needs: the general InfoSoc Directive research exception, the text and data mining exception of the CDSM Directive and national secondary publication rights. It also briefly assesses the interface between copyright and (research) data regulation. We propose several policy interventions to address the identified shortcomings. These include the introduction of an EU-wide secondary publication right with specific characteristics; the amendment of text and data mining exceptions; the creation of a general mandatory research exception overcoming the challenges raised by Article 5(3)(d) InfoSoc; and a more careful legislative drafting to reduce legal complexity and ensure consistency across copyright and data legislation.
Copyright, european copyright society, research