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  • Romero Moreno, F. (2020) ‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market. // International Review of Law, Computers & Technology, vol 34, issue 2, pp 153-182.
    This paper critically examines to what extent Article 17 of the EU Directive on Copyright in the Digital Single Market (CDSM) could be implemented in a way which complies with the right of online content-sharing service providers and uploaders to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (ECHR), the E-Commerce Directive 2000/31 and the General Data Protection Regulation 2016/679. The analysis draws upon Article 17 CDSM Directive, the case-law of the Strasbourg and Luxembourg courts, and academic literature. It assesses the compliance of ‘upload filters’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test to determine whether the obligations laid down in Article 17 can be implemented: firstly, that it is ‘in accordance with the law’; secondly, that it pursues one or more legitimate aims contained in Article 8(2) and 10(2) Convention; and thirdly, that it is ‘necessary’ and ‘proportionate’. The paper also evaluates the compatibility of upload filters with the ECtHR principle of presumption of innocence under Article 6 ECHR. It proposes that for Article 17 to be a human rights-compliant response, upload filters must be targeted specifically at online infringement of copyright on a commercial-scale. (Taylor & Francis)
  • Finc, Michèle ; Moscon, Valentina. Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0 // IIC – International Review of Intellectual Property and Competition Law, vol. 50, no. 1, pp 77–108.
    This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives. (Springer)
  • Richter, Heiko ; Slowinski, Peter R. The Data Sharing Economy: On the Emergence of New Intermediaries // IIC – International Review of Intellectual Property and Competition Law, vol. 50, no. 1, pp 4-29.
    Data-driven markets depend on access to data as a resource for products and services. Since the quality of information that can be drawn from data increases with the available amount and quality of the data, businesses involved in the data economy have a great interest in accessing data from other market players. However, companies still appear to be reluctant to share their data. Therefore, the key question is how data sharing can be incentivized. This article focuses on data sharing platforms, which are emerging as new intermediaries and can play a vital role in the data economy, as they may increase willingness to share data. By comparing data sharing to the exchange of patents based on the FRAND principles, this article suggests a possible way for self-regulation to provide more transparency and fairness in the growing markets for data sharing. (Springer)
  • Adamski, Dariusz. Lost on the Digital Platform: Europe’s Legal Travails with the Digital Single Market // Common Market Law Review, vol. 55, no. 3, pp. 719-752.
    The regulatory approach to tech companies in the internal market is in the process of being rebalanced from maximizing economic benefits to minimizing social and political costs. The article analyses this trend, and the reasons for the change. It recapitulates the main economic and political benefits, as well as the costs of establishing a European market for online activities, then discusses the outcome of the positive integration in this domain before and after the 2015 Digital Single Market Strategy. The ECJ’s stance in the recent cases on Uber is explained, followed by an elucidation of shortcomings in the legal arguments underpinning these decisions. The conclusions emphasize that the current approach to the Digital Single Market – both for positive and negative integration – might cripple the internal market profoundly. If so, the cleavage between countries able to take advantage of the digital revolution and those unable to do so will widen. (Kluwer Online)
  • Ansip, Andrus. Digital should be a given for everyone, no matter where //  African Business, January 2018, pp. 48-52. 
    Andrus Ansip, the European commissioner for the digital single market, talks to Christine Holzbauer about how the EU can help Africa develop its digital economy. (ProQuest)
  • Crespi, Serena. The Applicability of Schrems Priciples to the Member States: National Security and Data Protection within the EU Context // European Law Review, vol. 43, no. 5, pp. 669-686. (WestLaw)
  • Dijk, N. van ; Tanas, A. ; Rommetveit, K. ; Raab, C. Right engineering? The redesign of privacy and personal data protection // International Review of Law, Computers & Technology, vol. 32, no. 2-3, pp. 230-256.
    The idea of building safeguards for privacy and other fundamental rights and freedoms into ICT systems has recently been introduced in EU legislation as‘Data Protection by Design’. This article studies the techno-epistemic network emerging around this idea historically and empirically. We present the findings of an ‘extended peer consultation’with representatives of the emerging network: policy-makers, regulators, entrepreneurs and ICT developers, but also with jurists and publics that seem instead to remain outside its scope. Standardization exercises here emerge as crucial hybrid sites where the contributions and expectations of different actors are aligned to scale up privacy design beyond single technologies and organizations and to build highly interconnected ICT infrastructures. Through the notion of‘privacy by network’, we study how the concept of privacy hereby becomes re-constituted as‘normative transversal’, which both works as a stabilizing promise for responsible smart innovation, but simultaneously catalyzes the metamorphosis of the notion of privacy as elaborated in legal settings. The article identifies tensions and limits within these design-based approaches, which can in turn offer opportunities for learning lessons to increase the quality of privacy articulations. (Taylor & Francis Online)
  • Frosio, Giancarlo F. Why keep a dog and bark yourself? From intermediary liability to responsibility // International Journal of Law and Information Technology, vol. 26, no. 1, pp. 1–33.
    This article contextualizes the recent developments in intermediary liability theory and policy within a broader move towards private ordering online. In this context, online intermediaries’ governance would move away from a well-established utilitarian approach and towards a moral approach by rejecting negligence-based intermediary liability arrangements. Miscellaneous policy tools—such as monitoring and filtering obligations, blocking orders, graduated response, payment blockades and follow-the-money strategies, private Domain Name System content regulation, online search manipulation, or administrative enforcement—might reflect this change in perspective. In particular, policy makers—and interested third-parties such as intellectual property rightholders—try to coerce online intermediaries into implementing these policy strategies through voluntary measures and self-regulation, in addition to validly enacted obligations. This process might be pushing an amorphous notion of responsibility that incentivizes intermediaries’ self-intervention to police allegedly infringing activities in the Internet. In this sense, the intermediary liability discourse is shifting towards an intermediary responsibility discourse. Furthermore, enforcement would be looking once again for an ‘answer to the machine in the machine’. By enlisting online intermediaries as watchdogs, governments would de facto delegate online enforcement to algorithmic tools. Due process and fundamental guarantees get mauled by technological enforcement, curbing fair uses of content online and silencing speech according to the mainstream ethical discourse. (OUP)
  • Hoekstra, Johanna. The proposed directive for the supply of digital content: is it fit for purpose? // International Review of Law, Computers & Technology, 2019, pp. 1-18.
    In December 2015, the European Commission proposed a new Directive for the Supply of Digital Content. This Directive was presented along with a second proposed Directive on Online and Distant Sale of Goods. These proposed Directives form part of the European Union Digital Single Market Strategy. This paper critically examines the Directive for the Supply of Digital Content to establish whether it fits the purposes for which it is drafted and whether it fits the goals of the Digital Single Market Strategy. It is submitted that although the Directive is presented as part of the Digital Single Market Strategy and as an instrument to fill a gap in the Consumer Acquis, it is mainly concerned with harmonising contract law and it is driven by the Commission’s previous failed attempts to harmonise Contract law. The paper also highlights that in its current form due to some of its requirements imposed on businesses the proposed Directive may lead to unintended consequences for consumers. The paper argues that the Directive and some of its provisions needs to be revisited. (Taylor & Francis Online)
  • Loney, Michael. EU digital copyright rule changes receive mixed reception // Managing Intellectual Property, 13. juuli 2018
    The draft Directive on Copyright in the Digital Single Market was not supported by some countries and also provoked mixed reactions from the IP industry – particularly around Article 13, known as the value gap proposal The Council of the European Union’s permanent representatives committee (Coreper) has finalised its position on the draft Directive on Copyright in the Digital Single Market. According to Alastair Shaw, Penny Thornton and Nils Rauer at Hogan Lovells, the Council’s positon only differs slightly from the draft published on May 17. […]those that upload protected content with the purpose of obtaining profit from that activity are exempt, including internet access providers and online marketplaces. (ProQuest)
  • Loney, Michael. How the EU Copyright Directive could affect trade marks // Managing Intellectual Property, 20. september 2018.
    In those cases, intangible assets such as logos, slogans and trade dress can be covered by a third party’s copyright – and that could become more of a headache for brands after the Copyright Directive comes into place unless they actively address the matter in their contracts. Upload filters are no longer specifically mentioned in the provision and creates a new definition of ‘online content sharing services providers’ that undertake an act of communication to the public and must conclude fair and appropriate licensing agreements with right holders. Subsections, Articles 13a, 13b and 13c, have been inserted into the provision that call for alternative dispute resolution for conflicts with successors in titles and license agreements for providers of automated image referencing services and provide details on the calculation of fair and proportionate remuneration schemes respectively. (ProQuest)
  • Lynskey, Orla. Aligning Data Protectin Rights with Competition Law Remedies? The GDPR Right to Data Portability // European Law Review, December 2017, vol. 6, pp. 793-814.
    The General Data Protection Regulation (GDPR) introduces a right to data portability in the EU legal order. This novel right has no direct equivalent in EU Member States, or internationally. Data portability bears many of the trappings of a competition law remedy: it has the potential to reduce barriers to entry; to stimulate innovation; and, to lower switching costs for individuals. For this reason, the right to data portability is often attributed a competition-based rationale in addition to its data protection objective. Yet, as this paper shall demonstrate, the GDPR right to data portability can be differentiated from a competition law remedy in terms of both its scope and its objectives. These differences in terms of scope and normative logic can lead to conflicting interpretations and visions of the right to data portability. This paper argues that in case of such conflict the interpretation of the GDPR right to data portability ought to be decoupled from the logic and constraints of competition law and instead viewed within its data protection law context as an instrument for individual control over personal data. (WestLaw)
  • Montagnani, Maria Lillà ; Yordanova Trapova, Alina. Safe harbours in deep waters: a new emerging liability regime for Internet intermediaries in the Digital Single Market // International Journal of Law and Information Technology , vol. 26, no. 4, pp. 294–310.
    Online intermediaries, often categorized as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the E-Commerce Directive. In this article we argue that whether that is really the case remains to be seen, in particular with a view to the proposal for a new directive on copyright in the Digital Single Market, the proposal to amend the Audio-visual Media Services Directive and the Commission’s guidance on enforcement of intellectual property rights. This article strives to understand how the new set of obligations is accommodated in the realm of existing rights and duties and whether the boundaries of the safe harbour are blurred by virtue of these recent legislative initiatives. (Oxford Academic)
  • Pupillo, Lorenzo. EU Cybersecurity and the Paradox of Progress // CEPS Policy Insights (2018) no. 6
    Technological revolutions bring opportunities, but sometimes even greater threats. This ‘paradox of progress’ affects cyberspace today, threatening to undermine the very principle and foundation of the open internet. The global debate on cyber-governance is currently in a stalemate on the norms for global stability of cyberspace and the fight against cybercrime, although the EU is making considerable efforts to strengthen the resilience of cyberspace and the critical information infrastructure. The newly proposed Cybersecurity Act should, however, be supported by additional measures to increase awareness, devise smarter policy and enable effective governance. Too many users and businesses are still failing to take cybersecurity and computer hygiene seriously. And there is a need to strengthen the panEuropean coordination of deterrence, detection, and defence. This paper looks at the possibilities for the EU in this domain and argues that at a time of American diplomatic and political retrenchment from Europe and the world, it has an opportunity to play a leading role in global cybersecurity policy and governance. (CEPS)
  • Schroff, Simone ; Street, John. The politics of the Digital Single Market: culture vs. competition vs. copyright // Information, Communication & Society, vol. 21, no. 10, pp. 1305-1321.
    This paper examines the implications for European music culture of the European Union’s (EU) Digital Single Market strategy. It focuses on the regulatory framework being created for the management of copyright policy, and in particular the role played by collective management organisations (CMOs or collecting societies). One of the many new opportunities created by digitalisation has been the music streaming services. These depend on consumers being able to access music wherever they are, but such a system runs counter to the management of rights on a national basis and through collecting organisations which act as monopolies within their own territories. The result has been ‘geo-blocking’. The EU has attempted to resolve this problem in a variety of ways, most recently in a Directive designed to reform the CMOs. In this paper, we document these various efforts, showing them to be motivated by a deep-seated and persisting belief in the capacity of ‘competition’ to resolve problems that, we argue, actually lie elsewhere – in copyright policy itself. The result is that the EU’s intervention fails to address its core concern and threatens the diversity of European music culture by rewarding those who are already commercially successful. (Taylor & Francis Online)
  • Charlton, John. Europe Wrestles Whit Ebooks // Information Today, vol. 34, no. 6, p. 13
    European booksellers fear that plans hatched by the European Parliament (EP) to end geo-blocking will deal a heavy blow to their ebook businesses while benefiting the big international players. The EP’s Committee on Internal Market and Consumer Protection wants upcoming regulations on a single digital market to include the lifting of geo-blocking on copyrighted, non-audiovisual content. This would mean that booksellers would have to sell ebooks across borders, which the European and International Booksellers Federation (EIBF) thinks will prompt many to give up selling them altogether. (EBSCOhost)
  • Cini, Michelle ; Šuplata, Marian. Policy leadership in the European Commission: the regulation of EU mobile roaming charges // Journal of European Integration, vol. 39, no. 2, p. 143-156.
    Political leadership in the European Commission tends to be associated with high politics and the intervention therein of the Commission President. This contribution takes a different approach by viewing policy leadership by the Commission as a form of political leadership. When the Commission finds it difficult to perform a broader political agenda-setting role, it may still be able to set and deliver new policy initiatives. The contribution considers the conditions under which successful policy leadership occurs. It identifies two types of condition – political agency and policy capacity – and argues that both, together, are important in explaining successful policy leadership. Evidence is drawn from the case of European mobile roaming. 
  • Echikson, William. Europe’s telecoms reform fails to fly // CEPS Commentary (2017)
    Europe today enjoys a giant opportunity to step into a position of global internet leadership. While the new Trump Administration readies to pare back key digital policies, notably net neutrality, Europe is pressing forward with a new reform of its telecoms sector that aims to spread cheap, convenient and high-speed broadband access throughout the continent. Unfortunately, Europe looks set to miss this golden opportunity. Instead of unshackling the telecommunications sector, my colleague Andrea Renda recently completed a comprehensive report for the European Parliament showing that the proposed reform looks set to throttle much-needed competition, slowing rather than speeding up high-speed internet adoption and piling potentially fatal regulation onto cheap voice-call options, such as Skype, and new emerging messaging services such as WhatsApp and Facebook Messenger. (CEPS)
  • Echikson, William. The Internet and Jobs: A giant opportunity for Europe // CEPS Policy Insights (2017) no. 38
    Over the past two decades, digitalisation has unleashed deep-seated fear among workers for the future of their jobs. Many of our daily activities, from entertainment to shopping, are being transformed. Uber drivers replace taxi drivers, artificial intelligence programmed legal review software replaces lawyers, and robots replace blue-collar manufacturing workers. Some studies predict that digitalisation and robotisation will cause job losses up to 50% of all jobs over the next few decades. Yet new research argues that such assertions are mere fear-mongering and that in reality the internet is creating more jobs than it destroys – and that these new jobs are better paid and less physically strenuous than their predecessors. Although most studies look at the United States and still need to be ‘Europeanised’, this optimistic view of future work suggests that this technology-fuelled job creation is not limited to tech hubs such as London and Berlin, but is moving quickly into provincial cities and is even reaching into the hinterlands long dominated by traditional industries such as coal, steel and farming. (CEPS)
  • Echikson, William. Limited liability for the net? The Future of Europe’s E-Commerce Directive // CEPS Commentary (2017)
    It is one of the most successful pieces of European regulation. Back in 2000, just as the internet was going mainstream, Europe enacted the E-Commerce Directive, setting clear limits on liability for digital platforms. Platforms weren’t held responsible for illegal material uploaded to their sites. Instead, they were responsible only for bringing down illegal material when informed. Without this legal safe harbour, many of the internet’s success stories would never have gotten off the ground. Imagine if YouTube was held responsible for every upload, Blogger for every blogpost and TripAdvisor for each restaurant or hotel review? Such user-generated content would have been too dangerous to publish. (CEPS)
  • Echikson, William. President Macron can show digital light to Europe’s laggards // CEPS Commentary (2017)
    No one should expect Macron to become a pussycat on digital policy, but the new entrepreneurial president has been clear that France has much to gain from a more enlightened approach to digital policy. (CEPS)
  • Hu, Ken. Accelerating Europe’s digital transformation // Europe’s World, 2017, no. 35, pp. 69-71
    The digital and physical worlds are converging, a transformation led by technologies such as cloud computing and the ‘internet of things’ (IoT). Europe can lead this shift to an intelligent digital world, while maintaining its competitive edge in global industry and innovation, by focusing on several key areas. 
  • Kalimo, Harri ; Majcher, Klaudia. The Concept of Fairness: Linking EU Competition and Data Protection Law in the Digital Marketplace // European Law Review, vol 42, no. 2, pp. 210-233
    In the rapidly proliferating digital marketplace, the business model of numerous companies is based on the processing of vast amounts of personal data. The data economy has triggered controversies regarding the intersection between EU competition law and data protection law. This article embarks on a conceptual analysis of “fairness”, and tests the hypothesis that there exist commonalities between the two fields of law. The hypothesis is based on the fact that both competition and data protection law make explicit reference to the concept of fairness in defining infringements, and that EU law in general terms is subordinate to the principle of coherence. The article concludes, however, that although the concept is, to some extent, applied coherently in the two fields, its ability to offer legal certainty for the actors in the digital economy remains limited unless and until the administrative and judicial authorities elaborate its precise contents more fully. A joint elaboration could offer opportunities to move from “deliberate isolation” towards “constructive coherence”. (Research Gate)
  • Karapapa, Stavroula. The Requirement for a “New Public” in EU Copyright Law // European Law Review, vol. 42, no. 1, pp. 63-81
    This article deals with a doctrinal shift in the understanding of what amounts to an actionable communication of copyright works to the public. Recent rulings of the European Court of Justice hold that infringement takes place where a communication is addressed to a “new public”, i.e. a public that copyright holders had not taken into account when authorising the initial communication of the work.This newly developed doctrine develops a sui generis legal fiction that fundamentally changes the communication right; it both restricts and expands its scope in ways that were not foreseen when the right was first introduced in international law, European copyright law and the national laws of Member States. In its unnecessary complexity, the concept of the new public indicates that the extremely broad scope of the communication right is unworkable and counterproductive, thereby inviting a principlebased approach, according to which lawful and strictly private use ought to be exempt from infringement. (WestLaw)
  • Lundqvist, Björn. Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law // The Antitrust Bulletin, vol. 62, no. 4, pp. 710-725.
    This article discusses several aspects of the Digital Economy. First, the data industry and the business conduct of the approaching Internet of Things are presented. Second, the current standardization efforts promoted by the European Commission are discussed, for example, what the challenges are, how much should be standardized, and how prestandard consortia should be judged. Third, current and future competition law issues for the Digital Economy, in reference to standardization, are identified. The article states joint technology consortia for upper-layer standards, i.e. in the ecosystems, should benefit from heightened scrunity under Article 101 of the Treaty on the Functioning of the European Union (TFEU), while system leaders’ business conduct in the Digital Economy may be judged in reference to Article 102 TFEU. The article concludes that the main issue under general competition law in the Data Economy, at its current stage of development, is to create a level playing field by trying to facilitate the implementation of the Internet of Things. Thus, competition authorities should be cautious about the current ecosystem consortia driven standard-setting movement in the Digital Economy, while also facilitating the application of Article 102 TFEU when system leaders possibly abuse their dominance by not giving access to their respective ecosystems. (ProQuest)
  • Merzei, Peter ; Harkai, Istvan. Enforcement of copyrights over the Internet: a review of the recent ECJ case law // Journal of Internet Law, vol. 21, no. 4, pp. 12-27 
    […]the international harmonization of several issues was necessary, for example: the protection of computer programs and databases;5 the clarification of economic rights relating to Internet uses;6 the broadening of the scope of the three-step test to more/all limitations and exceptions;7 and the protection of digital rights management (DRM).8 Secondly, delegates understood that these new substantive norms, as well as pre-existing norms, would become obsolete without any effective law enforcement regulation. According to the Commission the adoption of blocking measures necessarily implies a restriction of human rights (…) and therefore, it can only be imposed by law, subject to the principle of proportionality, with respect to the legitimate aims pursued and to their necessity in a democratic society.27 The ECJ has been tasked with balancing these fundamental rights of copyright law and privacy/personal data in three significant cases. (ProQuest)
  • Micklitz, Hans-w; Paka, Przemysaw; Panagis, Yannis. The Empire Strikes Back: Digital Control of Unfair Terms of Online Services //  Journal of Consumer Policy, vol. 40, no. 3, pp. 367-388
    The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical
    and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies. (ProQuest)
  • Renda, Andrea. Will the DSM Strategy Spur Innovation? // Intereconomics, 2017, no. 4, pp. 197-201
    The European Commission identified the completion of the Digital Single Market (DSM) as one of its ten priorities in 2014. This vision was then sharpened with an ambitious and comprehensive strategy document in May 2015, and was later translated into several policy initiatives, covering every layer of the digital ecosystem and a plethora of economic sectors.  All these actions will lead to a thorough overhaul of EU rules affecting the online economy, from the digital infrastructure to platforms, cybersecurity, ecommerce, copyright and media … (CEPS)
  • Sancho, Diana. The Concept of Establishment and Data Protection Law: Rethinking Establishment // European Law Review, vol. 42, no. 4, p. 491-508.
    The regulatory success of the concept of establishment results from its multifaceted nature. The concept provides the regulator with a versatile tool, able to adapt its meaning to the specific policy principles of the area of law in which it is used. This article analyses the data protection concept of establishment and examines the extent to which the new Data Protection Regulation perpetuates the status quo. It demonstrates how the Court of Justice of the EU (CJEU) has modernised the establishment notion with its landmark rulings, Google Spain and Weltimmo, and how these judgments have helped the term “establishment” make a legislative transition from the old Data Protection Directive to the new Data Protection Regulation. An analysis of the revised data protection concept of establishment on objective, territorial and subjective grounds shows that conditions now exist to support a higher degree of formality in the formulation of the constituent elements of establishment. As this concept remains substantial in essence, for establishment still requires both a certain structure through which (minimal) activity is conducted, future developments should be cautious in allowing the legal reach of the establishment to extend further, in particular, beyond its objective limits. (WestLaw)
  • Shenglin, Ben ; Simonelli, Felice ; Ruidong, Zhang ; Bosc, Romain ; Wenwei, LiDigital Infrastructure: Overcoming the digital divide in China and the European Union // CEPS Publications (2017)
    This study is the result of collaboration among a group of researchers from CEPS and Zhejiang University (ZJU), who decided to team up and analyse the experience of China and the EU in bridging the digital divide. While acknowledging that both China and Europe have undertaken major efforts to reduce socio-economic and geographical disparities by providing network access to ever more citizens, the authors found that investing in physical access alone is not sufficient to enhance inclusion in the information society. They argue that public authorities should also adopt corollary policies to spur social and economic cohesion through innovations that enable disadvantaged regions to catch up with more developed urban areas. In this context, the report calls upon governments to promote digital innovation and entrepreneurship, foster coordinated efforts and adapt their educational systems to the changing labour market. (CEPS)
  • Shenglin, Ben ; Simonelli, Felice ; Ruidong, Zhang ; Bosc, Romain ; Wenwei, LiDigital Infrastructure: Overcoming the digital divide in emerging economies // CEPS Publications (2017)
    Ever since the internet first began to be commercialised globally in the 1990s, the debate on how to close the digital divide has attracted widespread attention. This Policy Brief reviews the literature on the digital divide in emerging economies with a view to explaining: 1) how internet connectivity promotes social and economic inclusiveness, efficiency and innovation; 2) why the physical access to the internet alone is insufficient to capture the full benefits of digital technology and what other social conditions should be considered; and 3) how to further connect the unconnected population. (CEPS)
  • Senftleben, Martin ; Kerk, Maximilian ; Buiten, Miriam; Heine, Klaus. New Rights or New Business Models? An Inquiry into the Future of Publishing in the Digital Era // IIC – International Review of Intellectual Property and Competition Law, vol. 48, no. 5, pp 538–561
    In its Proposal for a Directive on Copyright in the Digital Single Market, the European Commission included a new neighbouring right for press publishers with regard to the digital use of their publications “to ensure quality journalism and citizens’ access to information.” (European Commission, 14 September 2016, Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market, Doc. COM(2016) 593 final, Art. 11(1) and Recital 31.) Undoubtedly, a free and pluralist press is one of the cornerstones of democratic societies. The question is, however, whether this goal can be achieved by adopting an additional layer of protection. From an economic perspective, it seems essential that publishers, including press publishers, develop new business models in the digital environment. To ensure the survival of quality journalism, it is of utmost importance to support the transition to new business models that has already started in the publishing sector. Hence, the question arises whether the proposal of a new neighbouring right is a legislative initiative that makes sense against this background. To answer this question, the following inquiry will first provide an economic analysis of new business models in the publishing industry. On this basis, it becomes possible to assess the proposal of a new neighbouring right in the light of the need to develop new business models that are sustainable in the digital environment. The analysis will show that the introduction of a new neighbouring right is unlikely to offer support in this respect. Instead, it may even impede or delay necessary modernization steps. (Springer)

  • Solarte-Vasquez, Maria Claudia ; Nyman-Metcalf, Katrin. Smart Contracting: A Multidisciplinary and Proactive Approach for the EU Digital Single Market // Baltic Journal of European Studies (2017) vol. 7, no. 2 (23), pp. 208-246.
    Smart contracting (SC) is a proactive proposal to operationalize the relational contract theory for the upgrade and improvement of legally relevant exchange. The dynamic institutional environment of the European Union (EU) is a suitable framework for this proposal. SC addresses the interests of the business management, law and information technology practices with a perspective of influence in digital exchange, communication processes and other human and human-machine interactions. This position paper restates the advantages of the concept by highlighting the practical transition pathway SC offers to moderate the growing haste towards the embeddedness of exchange in automated and distributed models. This theoretical contribution supports the systematization of the proactive and legal design research field, and explains the characterization, operationalization and specification of the SC concept. (DOAJ)
  • Van Camp, Stefan ; Bouyon, Sylvain. Introduction of a lifespan guarantee in the proposed online sales and digital content directives: Impact assessment of substantial amendments // European Parliamentary Research Service (2017) October.
    This study carries out an ex-ante impact assessment of substantial amendments put forward by the IMCO and JURI Committees of the European Parliament, which would introduce a commercial lifespan guarantee in the proposed online sales and digital content Directives. It analyses the impact of these proposed amendments through the development of specific policy options. Two non-legislative options, implying that none of the amendments are implemented, are first assessed: an Option zero and a soft law approach (Option 1). Three distinct legislative options are also defined, by integrating specific aspects of the amendments: Option 2 (subjective duration of lifespan), Option 3 (normal duration of lifespan) and Option 4 (binding technical standards for the determination of the lifespan) For each legislative option, two sub-options are developed by considering liability solely on the manufacturer (2a, 3a and 4a), or joint liability with the trader (2b, 3b and 4b). The key findings of the impact assessment reveal that the preferred options are Options 2 and 4. The former is certainly less ambitious than the latter and would result in less benefit overall, but it would also involve less cost and, contrary to Option 4, could be implemented within a relatively short period of time. (CEPS)
  • Alm, Emanuelle ; Colliander, Niclas ; Deforche, Filiep ; Sthone, Ville ; Sundström, Olof. Digitizing Europe. Why Norhern European frontrunner must drive digitization of the EU economy // The Boston Consulting Group.
    Europe’s digital frontrunner countries must make faster and broader digitization a top priority and provide strong European leadership at the highest political levels to guide cooperation across nations to secure future growth and employment. Digitization constitutes a transformative shift in technology across industry and society in general. While the positive impact of digitization is expected to benefit the entire continent, some EU nations stand to gain more than others and therefore should help pull Europe toward a more digitized economy for the benefit of all. These same nations also have more to lose from a lack of progress in European digitization. (BCG)
  • Dalli, Hubert ; Caruso, Giulia. Geo-blocking in the Digital Single Market // European Parliamentary Resarch Service. Briefing: Initial Apprisal of a European Commission Impact Assesment (2016) September.
    Impact Assessment (SWD(2016) 173, SWD(2016) 174 (summary)) of a Commission proposal for a regulation of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on place of residence or establishment or nationality within the Single Market (COM(2016) 289 final).
  • Füg, Oliver. At the digital Nexus: Publishing meets the Single Market // Convergence: The International Journal of Research into New Media Technologies. Vol. 22 (2016), nr. 5, lk. 478-483.
    The project of a Single Market without borders has been key to European integration from its outset. While digitisation appears to remove borders with greater ease than any preceding technological development, the free circulation of content has not yet become reality. This article situates the European Commission’s Digital Single Market Strategy of 2015 in its historical context and, against a portrayal of the impact of digitisation on the publishing trade, explains how the Strategy interfaces with sectoral challenges. Its transversal nature is argued to create new opportunities for readers and publishers in both physical and digital content delivery and access. (Sage Journals Onlines)
  • Layton, Roslyn. Telecoms Investment IN FOCUS: 3 Steps to Create a Broadband Infrastructure for a Digital Europe // Wilfried Martens Centre for European Studies (2016).
    In the early 2000s, it appeared that the European Union would continue to lead the world in telecommunications. It accounted for the largest share of private investment in telecommunications infrastructure;it had six handset manufacturers accounting for more than half of the world’s phones; and a continental agreement on 3G/UMTS which became the global mobile standard. But the EU’s lead was short lived. Instead the US and Asia emerged. Today there are no more European handset manufacturers. 4G eclipsed 3G. The US is on track to have half of all its mobile broadband subscriptions as 4G by the end of 2016, while Europe will struggle to reach 30 percent. There is over€100 billion of additional investment required to achieve the Commission’s Digital Agenda goals. (Wilfried Martens Centre)
  • Madiega, Tambiama. Geo-blocking and discrimination among customers in the EU // European Parliament: European Parliamentary Research Sevice. Briefing: EU Legistlation in Progress (2016) Juuli.
    Geo-blocking practices commonly restrict cross-border sales of tangible goods as well as of electronically supplied services and electronically delivered content services in the EU. The Commission has therefore proposed a regulation which would prohibit traders from blocking access to their online interfaces to customers in another Member State or from automatically re-routing them to a different website for reasons related to the customers’ nationality, place of residence or place of establishment. Foreign customers should be offered the same terms and conditions as local customers. However, audiovisual services would not be covered, with the Commission proposing to address them under the forthcoming copyright reform. While the proposal has been broadly welcomed, a number of specific issues have been raised by stakeholders and scholars.
  • Mazziotti, Giuseppe ; Simonelli, Felice. Regulation on ‘cross-border portability’ of online content services: Roaming for Netflix or the end of copyright territoriality? // CEPS Commentary (2016)
    In a communication to the Parliament and the Council entitled “Towards a modern, more European copyright framework” and dated 9 December 2015,1 the European Commission confirmed its intention to progressively remove the main obstacles to the functioning of the Digital Single Market for copyrighted works. The first step of this long-term plan, which was first announced in Juncker’s Political Guidelines2 and the Communication on “A Digital Single Market strategy for Europe”,3 is a proposal for a regulation aimed at ensuring the so-called ‘cross-border portability’ of online services giving access to content such as music, games, films and sporting events.4 In a nutshell, the proposed regulation seeks to enable consumers with legal access to such online content services in their country of residence to use the same services also when they are in another member state for a limited period of time. On the one hand, this legislative proposal has the full potential to resolve the (limited) issue of portability, which stems from the national dimension of copyright and the persisting territorial licensing and distribution of copyright content.5 On the other hand, as this commentary shows, the ambiguity of certain important provisions in the proposed regulation might affect its scope and effectiveness and contribute to the erosion of the principle of copyright territoriality. (CEPS)
  • Plucinska, Joanna. Death of the dial tone. // Politico (2016) Vol. 2, No. 34, September 22-28, lk. 22.
  • Sarikakis, Katharine ; Kolokytha, Olga ; Rozgonyi, Krisztina. Copyright (and) Culture: the governanceof audiovisual archives // Info. Vol. 18 (2016), nr. 6, lk. 42 – 54.
    This paper asks the following research question: What are the policy dynamics of copyright regulation for digital audiovisual (AV) archives in Europe and what is their potential impact? The paper aims to discuss the social relevance of archives, European cultural policies targeting operationalisation of these archives and underpinnings and sought implementation of copyright policies. (Emerald Insight)
  • Stalla-Bourdillon, Sophie et al. A Brief Exegesis of the Proposed Copyright Directive // SSRN (2016)
    The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker’s mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. (SSRN)
  • Zech, Herbert. A legal framework for a data economy in the European Digital Single Market: rights to use data // Journal of Intellectual Property Law and Practice. Vol. 11 (2016), nr. 6, lk. 460 -470.
    In the Digital Single Market Strategy for Europe (DSMS) the Commission outlines possible legal approaches to the challenges of digitization. It explicitly mentions ‘ownership’ respectively ‘rights to use data’ as an aspect. This gives rise to the question of data ownership. (Oxford University Press Journals)
  • Arnerstål, Stojan. Licensing digital content in a sale of goods context // Journal of Intellectual Property Law and Practice. Vol. 10 (2015), nr. 10, lk. 750 -758.
    In the recent Digital Single Market Strategy for Europe, COM(2015) 192 final, the Commission disclosed that by the end of 2015 it would make a legislative proposal on simple and effective cross-border rules for consumers and businesses, including harmonized EU rules for online purchases of digital content. The DSM Strategy does not elaborate on how these rules will regulate the sale or licensing of copyright-protected digital content. However, an idea of what is about to come can be found in the Commission’s proposal for a Regulation on a Common European Sales Law, COM(2011) 635 final (the CESL), since the DSM Strategy explicitly refers to the CESL proposal. This article discusses the implications of the CESL in relation to distribution of digital content. Given that the CESL primarily is designed for sale of goods, it is arguable whether it is appropriate to apply such general principles of contract law to online transactions of digital content, ie copyright-protected works. (Oxford University Press Journals)
  • Madiega, Tambiama. Digital Single Market and Geo-blocking // European Parliament: European Parliamentary Research Sevice. At a glance (2015) Mai.
    On 6 May 2015 the European Commission unveiled its Digital Single Market Strategy with which, inter alia, it intends to remove barriers to e-commerce across Europe. One such barrier is ‘geo- blocking’, that is commercial practices that prevent or restrict customers from accessing or purchasing a product or a service online, thereby adversely affecting cross-border e-commerce in the EU.
  • Renda, Andrea ; Simonelli, Felice ; Luchetta, Giacomo. Policy Options for Improving the Functioning and Efficiency of the Digital Single Market in the Field of Copyright // CEPS Special Report. No. 121/November 2015.
    This study explores the existing policy problems and the possible options for reforming the EU copyright framework as provided by EU Directive 29/2001 on Copyright in the Information Society (InfoSoc Directive) and related legislation, with a specific focus on the need to strengthen the Internal Market for creative content. We find two main policy problems: i) the  absence of a Digital Single Market for creative works; and ii) the increasing tension between the current system of exceptions and limitations and the legal treatment of emerging uses of copyrighted content in the online environment. Without prejudicing a future impact assessment that might focus on more specific and detailed policy options, our analysis suggests that ‘more Europe’ would be needed in the field of copyright, given the existing sources of productive, allocative and dynamic efficiency associated with the current system. Looking at copyright from an Internal Market perspective would, in this respect, also help to address many of the shortcomings in the current framework, which undermine legal certainty and industrial policy goals. (CEPS)
  • Szczepański, Marcin. A Digital Single Market Strategy for Europe // European Parliament: European Parliamentary Research Sevice. Briefing: Tracking European Commission priority initiatives in 2015, nr. 3.
    The European Parliament has been a long-standing advocate of ending the current fragmentation of the European market and utilising the full potential of an integrated digital market which would create jobs and growth in the EU. Implementation of the new strategy will require a number of new pieces of EU legislation to be adopted by the European Parliament and Council under the ordinary legislative procedure.
  • Tobias, James. What you need to know about the digital single market // Managing Intellectual Property. (2015) November.
    The European Commission is pushing ahead with the digital single market, despite serious concerns in the audiovisual industry. James Tobias sets out the developments so far, and what is likely to happen next. (ProQuest Research Library)