European High Court Issues Ruling Impacting Digital Single Market, EU Member States

Brussels, BELGIUM — The Court of Justice of the EU (CJEU) has ruled on the question of whether France needed to notify the European Commission before passing a law impacting Europe’s Digital Single Market (DSM). Under EU rules, Member States must communicate to the Commission any draft technical regulations that relate to the taking-up or…

Court of Justice of the EU Delivers Judgment In Coty Germany Case on Online Marketplace Bans

Brussels, BELGIUM —  The Court of Justice of the EU (CJEU) delivered its judgment in the Coty Germany case (Case C-230/16). The case deals with contractual provisions a producer of luxury cosmetics imposed on his authorized retailer, prohibiting the latter the sale of products on open online marketplaces. The key question in this case is…

CCIA, Over 80 Organizations Warn of Irreparable Damage to be Caused by Copyright Directive

Brussels — Over 80 organisations, including the Computer and Communications Industry Association (CCIA), warn EU Countries in a short statement that current negotiations on the proposal for a Directive on copyright in the Digital Single Market are on the verge of causing irreparable damage to Europe’s fundamental rights, economy, competitiveness, education, research, innovation, creativity and…

EU Commission Publishes Communication on the Enforcement of Intellectual Property Rights

Brussels — The European Commission has published a Communication today, providing guidance on the enforcement of intellectual property rights online and offline across the European Union. With this Communication, the European Commission clarifies its views in a balanced manner on some provisions of the Directive 2004/48/EC on the enforcement of intellectual property rights (“IPRED”) interpreted…

CCIA Welcomes the Civil Liberties Committee’s Opinion on the Copyright Directive

Brussels, BELGIUM — In September 2016, the European Commission published its proposal for a Directive on Copyright in the Digital Single Market (the “Copyright Proposal”). This proposal implements filtering systems for user-uploaded content and undermine the liability regime of Internet intermediaries, legal backbone of the European digital sector. This proposal has recently been condemned without…

EU Ministers Recognise Importance of Encryption to Ensure Human Rights and Fundamental Freedoms

Brussels, BELGIUM — The General Affairs Council today adopted Conclusions calling for the strengthening of European cybersecurity across the EU.  Importantly, the Conclusions confirm “that strong and trusted encryption is highly important for properly ensuring human rights and fundamental freedoms in EU and for public trust in the Digital Single Market.”  However, they also note…