Netherlands

Netherlands external link

0901

Abstract

Contact tracing apps for smartphones, thermal scanners, face recognition technology: high hopes have been placed by both local administrations and national governments in applications and devices like these, aimed at containing the outbreak of the virus. The new publication Automated Decision-Making Systems in the COVID-19 Pandemic: A European Perspective gathers detailed examples of ADM systems in use, compiled by a network of researchers covering 16 countries. It provides an initial mapping and exploration of ADM systems implemented throughout Europe as a consequence of the COVID-19 outbreak.

Links

https://algorithmwatch.org/wp-content/uploads/2020/08/ADM-systems-in-the-Covid-19-pandemic-Report-by-AW-BSt-Sept-2020.pdf

covid-19, frontpage, mobile health apps, Technologie en recht

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Article 17 of the Copyright Directive: Why the German implementation proposal is compatible with EU law – Part 2 external link

Husovec, M. & Quintais, J.

Kluwer Copyright Blog, 2020

Links

http://copyrightblog.kluweriplaw.com/2020/08/28/article-17-of-the-copyright-directive-why-the-german-implementation-proposal-is-compatible-with-eu-law-part-2/?doing_wp_cron=1598609159.3323481082916259765625

Art. 17 CDSM Directive, Auteursrecht, duitsland, frontpage, implementatie

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Choice of Law in EU Trade Secrecy Cases external link

Cooper Dreyfuss, R. & van Eechoud, M.

0827, pp: 171-191

Abstract

Chapter in: The Harmonization and Protection of Trade Secrets in the EU: An Appraisal of the EU Directive, J. Schovsbo, T. Minssen & T. Riis eds., Edward Elgar Publishing, 2020. ISBN: 9781788973335.

Links

Auteursrecht, choice of law, frontpage, handelsgeheimen

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Reserveprijs veiling DAB+-laag 7 external link

Rougoor, W., Tieben, B. & Poort, J.

2020

Abstract

Voor de veiling van DAB+-laag 7 is een reserveprijs wenselijk die laag maar niet triviaal is om niet-serieuze aanvragers te weren zonder serieuze bieders af te schrikken. Op basis van een tentatieve kasstroomanalyse adviseren SEO Economisch Onderzoek en IViR een reserveprijs te hanteren van ten hoogste € 50 duizend per vergunning.

Links

https://www.ivir.nl/publicaties/download/Reserveprijs_veiling_DAB_laag_7.pdf

digitale radio, frontpage, prijzen, veilingen, vergunningen

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Techno-optimism and solutionism as a crisis response external link

Appelman, N., Toh, J., Fahy, R. & van Hoboken, J.

0827

Abstract

The COVID-19 pandemic has reshaped how social, economic, and political power is created, exerted, and extended through technology. Through case studies from around the world, this book analyses the ways in which technologies of monitoring infections, information, and behaviour have been applied and justified during the emergency, what their side-effects have been, and what kinds of resistance they have met.

Links

https://pure.uva.nl/admin/files/49662485/Data_Justice_and_COVID_19.pdf

frontpage, Technologie en recht

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Opinie: De wettelijke mogelijkheden voor online proctoring door universiteiten zijn zeer beperkt external link

Eskens, S.

Tijdschrift voor Internetrecht, num: 4, pp: 141-143, 2020

Links

https://www.ivir.nl/publicaties/download/TvI_2020_4.pdf

frontpage, Privacy, proctoring, universiteiten

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Article 17 of the Copyright Directive: Why the German implementation proposal is compatible with EU law – Part 1 external link

Husovec, M. & Quintais, J.

Kluwer Copyright Blog, 2020

Links

http://copyrightblog.kluweriplaw.com/2020/08/26/article-17-of-the-copyright-directive-why-the-german-implementation-proposal-is-compatible-with-eu-law-part-1/

Art. 17 CDSM Directive, Auteursrecht, EU law, frontpage, implementatie

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Safety of journalists and the fighting of corruption in the EU external link

McGonagle, T., Fahy, R., Bouchè, G., Rucz, M., Stapel, S., Seel, M. & Sangen, A, van der

2020

Abstract

Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them. This report was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs.

Links

https://www.europarl.europa.eu/RegData/etudes/STUD/2020/655187/IPOL_STU(2020)655187_EN.pdf

corruptie, frontpage, Journalistiek, Media law, veiligheid

RIS

TY  - RPRT
AU  - McGonagle, T.
AU  - Fahy, R.
AU  - Bouchè, G.
AU  - Rucz, M.
AU  - Stapel, S.
AU  - Seel, M.
AU  - Sangen, A, van der
PY  - 0730
DA  - 2020-07-30
T1  - Safety of journalists and the fighting of corruption in the EU
UR  - https://www.europarl.europa.eu/RegData/etudes/STUD/2020/655187/IPOL_STU(2020)655187_EN.pdf
AB  - Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them.

This report was requested by the European Parliament\'s Committee on Civil Liberties, Justice and Home Affairs.
K1  - corruptie
K1  - frontpage
K1  - Journalistiek
K1  - Media law
K1  - veiligheid
ER  -

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Report{McGonagle2020f,
	title = {Safety of journalists and the fighting of corruption in the EU},
	author = {McGonagle, T. and Fahy, R. and Bouchè, G. and Rucz, M. and Stapel, S. and Seel, M. and Sangen, A, van der},
	year = {0730},
	date = {2020-07-30},
	abstract = {Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them.

This report was requested by the European Parliament\'s Committee on Civil Liberties, Justice and Home Affairs.},
	keywords = {corruptie, frontpage, Journalistiek, Media law, veiligheid},
}

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The post-editorial control era: how EU media law matches platforms’ organisational control with cooperative responsibility external link

Drunen, M. van

Journal of Media Law, vol. 12, num: 2, pp: 166-190, 2020

Abstract

This paper argues the AVMSD attaches cooperative responsibility to platforms’ organisational control. Firstly, it explores how the new concept of organisational control differs from the editorial control that has traditionally been central to media law, in particular concerning the greater involvement of other stakeholders active on platforms. Secondly, it analyses the measures the AVMSD requires platforms to take with regard to content on their service in light of their organisational control. Finally, it shows how the AVMSD not only requires platforms to assume responsibility for actions under their direct control, but also to enable users and uploaders to exercise their inherent influence differently. The AVMSD consequently moves away from centralised, and towards cooperative responsibility for platforms. The paper concludes by evaluating the choices the AVMSD makes (and fails to make) in the operationalisation of this new responsibility model.

Links

AVMS Directive, digital platforms, frontpage, Journalistiek, Media law, redactie

RIS

TY  - JOUR
AU  - Drunen, M. van
PY  - 0728
DA  - 2020-07-28
T1  - The post-editorial control era: how EU media law matches platforms’ organisational control with cooperative responsibility
JO  - Journal of Media Law
VL  - 12
NV  - 2
SP  - 166-190
UR  - https://www.tandfonline.com/doi/full/10.1080/17577632.2020.1796067
DO  - https://doi.org/https://doi.org/10.1080/17577632.2020.1796067
AB  - This paper argues the AVMSD attaches cooperative responsibility to platforms’ organisational control. Firstly, it explores how the new concept of organisational control differs from the editorial control that has traditionally been central to media law, in particular concerning the greater involvement of other stakeholders active on platforms. Secondly, it analyses the measures the AVMSD requires platforms to take with regard to content on their service in light of their organisational control. Finally, it shows how the AVMSD not only requires platforms to assume responsibility for actions under their direct control, but also to enable users and uploaders to exercise their inherent influence differently. The AVMSD consequently moves away from centralised, and towards cooperative responsibility for platforms. The paper concludes by evaluating the choices the AVMSD makes (and fails to make) in the operationalisation of this new responsibility model.
K1  - AVMS Directive
K1  - digital platforms
K1  - frontpage
K1  - Journalistiek
K1  - Media law
K1  - redactie
ER  -

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Article{Drunen2020,
	title = {The post-editorial control era: how EU media law matches platforms’ organisational control with cooperative responsibility},
	author = {Drunen, M. van},
	doi = {https://doi.org/https://doi.org/10.1080/17577632.2020.1796067},
	year = {0728},
	date = {2020-07-28},
	journal = {Journal of Media Law},
	volume = {12},
	number = {2},
	pages = {166-190},
	abstract = {This paper argues the AVMSD attaches cooperative responsibility to platforms’ organisational control. Firstly, it explores how the new concept of organisational control differs from the editorial control that has traditionally been central to media law, in particular concerning the greater involvement of other stakeholders active on platforms. Secondly, it analyses the measures the AVMSD requires platforms to take with regard to content on their service in light of their organisational control. Finally, it shows how the AVMSD not only requires platforms to assume responsibility for actions under their direct control, but also to enable users and uploaders to exercise their inherent influence differently. The AVMSD consequently moves away from centralised, and towards cooperative responsibility for platforms. The paper concludes by evaluating the choices the AVMSD makes (and fails to make) in the operationalisation of this new responsibility model.},
	keywords = {AVMS Directive, digital platforms, frontpage, Journalistiek, Media law, redactie},
}

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Schrems II and Surveillance: Third Countries’ National Security Powers in the Purview of EU Law, European Law Blog external link

Irion, K.

2020

Abstract

On 16 July 2020 the Court of Justice of the European Union (CJEU) composed as Grand Chamber delivered its landmark ruling Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (case C-311/18, “Schrems II”). The focus of my commentary will be on the aspect that EU law on cross-border transfers of personal data to a third country is not deferential to national security powers of that third country. This judgment is remarkable provided that electronic surveillance conducted by Member States’ intelligence authorities for the purpose of national security is off limits for EU law and that exceptions in international agreement are fairly regularly made for national security. This contribution will deal with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR) and will address the criticism that a third country is held to stricter standards than a Member State of the Union.

Links

https://europeanlawblog.eu/2020/07/24/schrems-ii-and-surveillance-third-countries-national-security-powers-in-the-purview-of-eu-law/

adequacy decision, C-311/18, Charter of Fundamental Rights, Facebook, frontpage, GDPR, General Data Protection Regulation, national security, Privacy Shield, Schrems II, Standard Contractual Clauses, Surveillance, united states

RIS

TY  - BLOG
AU  - Irion, K.
PY  - 0724
DA  - 2020-07-24
T1  - Schrems II and Surveillance: Third Countries’ National Security Powers in the Purview of EU Law, European Law Blog
UR  - https://europeanlawblog.eu/2020/07/24/schrems-ii-and-surveillance-third-countries-national-security-powers-in-the-purview-of-eu-law/
AB  - On 16 July 2020 the Court of Justice of the European Union (CJEU) composed as Grand Chamber delivered its landmark ruling Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (case C-311/18, “Schrems II”). The focus of my commentary will be on the aspect that EU law on cross-border transfers of personal data to a third country is not deferential to national security powers of that third country. This judgment is remarkable provided that electronic surveillance conducted by Member States’ intelligence authorities for the purpose of national security is off limits for EU law and that exceptions in international agreement are fairly regularly made for national security. This contribution will deal with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR) and will address the criticism that a third country is held to stricter standards than a Member State of the Union.
K1  - adequacy decision
K1  - C-311/18
K1  - Charter of Fundamental Rights
K1  - Facebook
K1  - frontpage
K1  - GDPR
K1  - General Data Protection Regulation
K1  - national security
K1  - Privacy Shield
K1  - Schrems II
K1  - Standard Contractual Clauses
K1  - Surveillance
K1  - united states
ER  -

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Online publication{Irion2020c,
	title = {Schrems II and Surveillance: Third Countries’ National Security Powers in the Purview of EU Law, European Law Blog},
	author = {Irion, K.},
	year = {0724},
	date = {2020-07-24},
	abstract = {On 16 July 2020 the Court of Justice of the European Union (CJEU) composed as Grand Chamber delivered its landmark ruling Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (case C-311/18, “Schrems II”). The focus of my commentary will be on the aspect that EU law on cross-border transfers of personal data to a third country is not deferential to national security powers of that third country. This judgment is remarkable provided that electronic surveillance conducted by Member States’ intelligence authorities for the purpose of national security is off limits for EU law and that exceptions in international agreement are fairly regularly made for national security. This contribution will deal with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR) and will address the criticism that a third country is held to stricter standards than a Member State of the Union.},
	keywords = {adequacy decision, C-311/18, Charter of Fundamental Rights, Facebook, frontpage, GDPR, General Data Protection Regulation, national security, Privacy Shield, Schrems II, Standard Contractual Clauses, Surveillance, united states},
}

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