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CDT responds to European Commission consultation on ancillary rights: unnecessary barriers for innovation and free speech

CDT has consistently cautioned against the introduction of ancillary rights in copyright laws in Europe because of the negative effects of such rights on smaller publishers, citizen journalism and, more importantly, freedom of information. CDT restated our objection to this idea in our submission to the European Commission’s public consultation on the role of publishers in the copyright value chain and on the “panorama exception”.

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European Commission Online Platform Proposals Puts Onus on Companies

The European Commission has published a set of proposals and documents under the umbrella of its Digital Single Market strategy. Among them is a Communication on ‘Online Platforms and the Digital Single Market Opportunities and Challenges for Europe’. There are positive messages in the document, but also some problematic ones. CDT has consistently pushed back on proposals that would endanger the internet as an enabler of free expression, public debate, and access to information.

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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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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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Replacing the Safe Harbor – Robust privacy protections in a new EU-US data transfer agreement

Much has been written and said about the Decision by the Court of Justice of the EU (CJEU) in the Schrems case, invalidating the European Commission’s Safe Harbor Decision, and its implications. Recently, EU and US negotiators have briefed the press and stakeholders about…

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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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