Europe’s highest court has decided that Internet intermediaries can be ordered to remove illegal content on a global basis.

What’s the background?

The Court of Justice of the European Union (CJEU) held in Glawischnig-Piesczek, C-18/18 that online platforms, such as Facebook, can be ordered to remove “identical and, in certain circumstances, equivalent” comments that have been previously declared by national courts to be illegal and that such orders can be effected on a worldwide basis.


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In a landmark ruling last week, the Court of Justice of the European Union (CJEU) has held that Google is not required to carry out a de-referencing (effectively, the “right to be forgotten”) on non-EU versions of its search engine.

The case was brought by Google on appeal, having received an initial fine of €100,000 from the French data protection regulator, CNIL, back in 2016 after it had ruled that Google’s self-imposed restriction to only de-reference on European versions of its search engine (as opposed to its global platforms) was unlawful.


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Thousands of European and US companies will have been relieved by the recent announcement that the EU-US Privacy Shield (the framework for regulating transatlantic exchanges of personal data) is secure for another year.

However, it may be premature to rejoice: the EU Commission’s review highlighted two key issues:

  1. the continued reluctance by the US to institute fundamental safeguards for individuals’ personal data; and
  2. the imminent need to appoint an independent ombudsman.

Coupled with the impending European court ruling in Schrems II – is the Privacy Shield’s demise only a matter of time?


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On May 23, 2017, the United States Federal Communications Commission (FCC) released the text of a Notice of Proposed Rule Making (NPRM) that solicits public comment on what FCC Chairman Ajit Pai calls a plan for “Restoring Internet Freedom.” The NPRM contemplates reversing the 2015 FCC Open Internet Order that classified both fixed and mobile broadband internet access services as telecommunications services and subjected them to some of the common carrier regulations found in Title II of the Communications Act. The 2015 Order also adopted no-blocking, no-throttling, and no-paid-prioritization rules, as well as a general internet conduct standard.
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In 2015, the European Commission published a study (written by IDC) which provides an overview of Europe’s IoT digital ecosystem, its current status and anticipates a suggested vision of the same ecosystem in 2020. That study found:

The IoT (Internet of Things) is a pervasive innovative technology building on the universal connectivity of things and people, now moving in Europe from the pioneer phase to widespread adoption. In combination with cloud computing and Big Data the IoT is opening the new age of the hyper-connected society and acting as a powerful driver of business innovation, but also facing equally strong barriers in terms of security risks, concerns about privacy protection, and resistance to organizational change.”


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