Keyword: enforcement

Putting the DSA into Practice: Enforcement, Access to Justice and Global Implications external link

van Hoboken, J., Quintais, J., Appelman, N., Fahy, R., Buri, I. & Straub, M.
Verfassungsbooks, 2023, ISBN: 9783757517960

Abstract

The Digital Services Act was finally published in the Official Journal of the European Union on 27 October 2022. This publication marks the end of a years-long drafting and negotiation process, and opens a new chapter: that of its enforcement, practicable access to justice, and potential to set global precedents. The Act has been portrayed as Europe’s new „Digital Constitution“, which affirms the primacy of democratic rulemaking over the private transnational ordering mechanisms of Big Tech. With it, the European Union aims once again to set a global standard in the regulation of the digital environment. But will the Digital Services Act be able to live up to its expectations, and under what conditions?

big tech, DSA, enforcement

Bibtex

Book{nokey, title = {Putting the DSA into Practice: Enforcement, Access to Justice and Global Implications}, author = {van Hoboken, J. and Quintais, J. and Appelman, N. and Fahy, R. and Buri, I. and Straub, M.}, url = {https://verfassungsblog.de/wp-content/uploads/2023/02/vHoboken-et-al_Putting-the-DSA-into-Practice.pdf}, doi = {https://doi.org/10.17176/20230208-093135-0}, year = {2023}, date = {2023-02-17}, abstract = {The Digital Services Act was finally published in the Official Journal of the European Union on 27 October 2022. This publication marks the end of a years-long drafting and negotiation process, and opens a new chapter: that of its enforcement, practicable access to justice, and potential to set global precedents. The Act has been portrayed as Europe’s new „Digital Constitution“, which affirms the primacy of democratic rulemaking over the private transnational ordering mechanisms of Big Tech. With it, the European Union aims once again to set a global standard in the regulation of the digital environment. But will the Digital Services Act be able to live up to its expectations, and under what conditions?}, keywords = {big tech, DSA, enforcement}, }

Kaleidoscopic data-related enforcement in the digital age external link

Yakovleva, S., Geursen, W. & Arnbak, A.
Common Market Law Review, vol. 57, num: 5, pp: 1461-1494, 2020

Abstract

The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.

Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy

Bibtex

Article{Yakovleva2020c, title = {Kaleidoscopic data-related enforcement in the digital age}, author = {Yakovleva, S. and Geursen, W. and Arnbak, A.}, url = {https://www.ivir.nl/publicaties/download/CMLR_2020.pdf}, year = {1001}, date = {2020-10-01}, journal = {Common Market Law Review}, volume = {57}, number = {5}, pages = {1461-1494}, abstract = {The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.}, keywords = {Competition law, Consumer law, Data protection law, enforcement, frontpage, Privacy}, }

The regulation of crypto-assets in the EU – investment and payment tokens under the radar external link

Ferrari, V.
Maastricht Journal of European and Comparative Law, 2020

Abstract

Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.

Crypto-assets, cryptocurrencies, enforcement, EU law, financial regulation, fintech, frontpage, Technologie en recht

Bibtex

Article{Ferrari2020, title = {The regulation of crypto-assets in the EU – investment and payment tokens under the radar}, author = {Ferrari, V.}, url = {https://journals.sagepub.com/doi/10.1177/1023263X20911538}, doi = {https://doi.org/https://doi.org/10.1177/1023263X20911538}, year = {0521}, date = {2020-05-21}, journal = {Maastricht Journal of European and Comparative Law}, abstract = {Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.}, keywords = {Crypto-assets, cryptocurrencies, enforcement, EU law, financial regulation, fintech, frontpage, Technologie en recht}, }

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement external link

Quintais, J. & Poort, J.
American University International Law Review, vol. 34, num: 4, pp: 807-876, 2019

Abstract

This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.

consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy

Bibtex

Article{Quintais2019f, title = {The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement}, author = {Quintais, J. and Poort, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3437239}, year = {0820}, date = {2019-08-20}, journal = {American University International Law Review}, volume = {34}, number = {4}, pages = {807-876}, abstract = {This article deals with the acquisition and consumption of music, films, series, books, and games through the various legal and illegal channels that exist nowadays, in a set of thirteen countries across the globe. The article has four aims. First, it provides an overview of the rules on liability for and enforcement of online copyright infringement in the countries studied. Second, it gives factual information about the state of authorized and unauthorized acquisition and consumption of these types of content. The third aim is to evaluate the underlying mechanisms and the link with enforcement measures and legal supply. Lastly, the article assesses the effect of online piracy on consumption from legal sources. To further these aims, the article combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Policymakers should therefore shift their focus from repressive approaches to tackle online infringement towards policies and measures that foster lawful remunerated access to copyright-protected content.}, keywords = {consumer survey, Copyright, enforcement, frontpage, intermediary liability, piracy}, }

The EU Counterfeit & Piracy Watch List: political aims and legal challenges external link

Delinavelli, G.
Kluwer Copyright Blog, vol. 2019, 2019

Copyright, enforcement, European Union, frontpage, infringement, piracy

Bibtex

Article{Delinavelli2019, title = {The EU Counterfeit & Piracy Watch List: political aims and legal challenges}, author = {Delinavelli, G.}, url = {http://copyrightblog.kluweriplaw.com/2019/03/05/the-eu-counterfeit-piracy-watch-list-political-aims-and-legal-challenges/}, year = {2019}, date = {2019-03-07}, journal = {Kluwer Copyright Blog}, volume = {2019}, pages = {}, keywords = {Copyright, enforcement, European Union, frontpage, infringement, piracy}, }

Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap external link

Angelopoulos, C. & Quintais, J.
Kluwer Copyright Blog, 2018

Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement

Bibtex

Article{Angelopoulos2018, title = {Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap}, author = {Angelopoulos, C. and Quintais, J.}, url = {http://copyrightblog.kluweriplaw.com/2018/08/30/fixing-copyright-reform-address-online-infringement-bridge-value-gap/}, year = {0904}, date = {2018-09-04}, journal = {Kluwer Copyright Blog}, keywords = {Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement}, }

Russia’s new anti-piracy law: A critical analysis external link

Yakovleva, S.
European Intellectual Property Review, num: 9, pp: 608-613., 2015

Abstract

This article analyses Russia's  new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia's international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.

Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia

Bibtex

Article{nokey, title = {Russia’s new anti-piracy law: A critical analysis}, author = {S. and Yakovleva}, url = {http://www.ivir.nl/publicaties/download/1690.pdf}, year = {1127}, date = {2015-11-27}, journal = {European Intellectual Property Review}, number = {9}, abstract = {This article analyses Russia\'s  new anti-piracy law aimed at improving online enforcement of copyright and related rights. The article places the new developments in the context of the prior intellctual property rights enforcement regime and Russia\'s international and constitutional obligations to secure the right to freedom of expression. The author discusses and critically assesses the most important changes introduced by the new law, and draws conclusions about their correlation with freedom of expression, overall effectiveness and the impact on right holders, internet users and the internet industry.}, keywords = {Auteursrecht, blocking injunctions, Copyright, enforcement, Intellectuele eigendom, interim injunctions, online infringement, Russia}, }