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CDT responds to European Commission consultation on IPR Enforcement: no new legislation necessary

This month, CDT submitted its response to the European Commission’s consultation on “the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights (IPR)”. CDT’s response restates some of the main points we raised in the context of the “Platforms Consultation”. We argue that new enforcement legislation is not necessary. We believe the existing rules relevant to the protection of intellectual property appropriately balance between rightsholders’ interest in deriving a profit from their works and the public interest in access to information, freedom of expression, and the protection of personal data.

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European Data Protection Authorities Chime in on Privacy Shield

The ‘Article 29 Working Party’, the body of European Data Protection Authorities (DPAs) published their eagerly awaited opinion on the EU-US Privacy Shield. In many ways, the delicate balance the DPAs strike in their analysis is consistent with expectations. Overall, the WP29 Opinion is neither a straightforward endorsement, nor a blanket rejection of the Privacy Shield.

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EU-US Privacy Shield Offers Partial Response to a Wider Issue

The European Commission recently published a set of documents, which make up the Privacy Shield agreement. Privacy Shield is intended to put in place a new framework for ensuring adequate data protection standards when companies transfer data from the EU to the US. Privacy Shield can be understood as a short-term, partial solution that enables transatlantic commerce and data flows to continue in the near term, to meet the European Commission’s tight deadline.

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4

EU’s “Right to Be Forgotten” Policy Sets Bad Precedent for Free Expression Worldwide

In the latest development in the debate over the “right to be forgotten” in Europe, Google has decided to begin suppressing links to URLs not only for searches on EU country-level domains, but also for searches conducted from within EU countries on their global .com site. CDT remains very critical of the reasoning behind the CJEU ruling in Google Spain v AEPD, Mario Costeja Gonzale.

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Strong Intermediary Liability Protection Focus of CDT response to European Commission’s ‘Platforms’ Consultation

The European Commission published its Digital Single Market Strategy: the Juncker Commission’s flagship policy initiative to eliminate national administrative silo’s and regulatory barriers in the digital economy. Part of the strategy called for a broad consultation on the role of ‘platforms’, including a broad range of online intermediaries, in the economy and society. CDT recently submitted our response to this consultation.

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8

The EU-US Umbrella Agreement and the Judicial Redress Act: Small Steps Forward for EU Citizens’ Privacy Rights

One of the European Commission’s responses to the Snowden revelations was the swift adoption of the ‘EU-US Umbrella Agreement’. The objective of the Commission is to put in place a high level of data protection when personal information is transferred between the US and an EU country for the purpose of investigating, detecting, or prosecuting a crime. It was recently initialed by EU and US negotiators, pending US Congress adoption of the Judicial Redress Act. We view these developments as limited, but not insignificant improvements on the privacy rights of EU citizens.

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9

CJEU General Advocate Opinion in Schrems Case A Wake-Up Call

“The EU should suspend the ‘Safe Harbor’ agreement with the US.” This is one of the conclusions of the Advocate General of the Court of Justice of the EU, in his 23 September opinion on the ‘Schrems case’, and the one that has drawn the most headlines. However, the reality is that if the CJEU were to follow the AG’s guidance and strike down the Safe Harbour Agreement, it would do little.

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10

EU Negotiators Agree on Net Neutrality Rules

Today, negotiators from the European Parliament, Member State governments, and the Commission reached a deal on net neutrality in the Telecommunications Single Market (TSM) Regulation. The final result is necessarily and visibly a compromise between very disparate views. The final text is still being tidied up, but based on the information published by the European Commission, we have a few initial observations.

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