Image created by AI The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions. However, the concept has proliferated inconsistently, lacking a clear normative content and shape. There is variant terminology: “lawful acquirer of … Read more
By Jessica Commins and Kristina Irion Introduction When we hear digital technologies described as ‘virtual’ or ‘cloud’, it conjures up a feeling of immateriality or weightlessness. Yet this belies the very tangible impact of digital infrastructures on our environment. Data centres, in practice rather faceless warehouses, are the backbone of the digital transformation and have … Read more
With the development into ‘a mainstream theory’, constitutional pluralism constitutes a way of accommodating the divergent claims to the legitimate authority of the European Union (‘EU’) and the Member States. In the view of some, the theory is not only applicable in times of constitutional crisis but also acts as ‘an antipode to authoritarianism’. Nonetheless, … Read more
At the end of January, the CJEU delivered another judgment interpreting Directive 2008/48 on Consumer Credit. In C-677/23 A. B., F. B. v Slovenská sporitel’ňa a.s. consumers alleged that the credit contract did not contain all the necessary elements provided by the Directive. The dispute thus involved the interpretation of Article 10 (2), which provided the mandatory content for the credit contract. Two … Read more
Case note Stichting Clara Wichmann v. Meta Platforms Ireland Ltd. This blog was originally published in Dutch at Nederland Rechtsstaat. The 18th of February the Dutch College for Human Rights (further: College) rendered an important decision regarding the status of fundamental rights and platform regulation. The College is specialized in fundamental right cases. The … Read more
