Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe

Research output: Contribution to journalArticleScientificpeer-review

Abstract

In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.
Original languageEnglish
Pages (from-to)211-228
Number of pages18
JournalJournal of Intellectual Property, Information Technology and E-Commerce Law: JIPITEC
Volume6
Issue number3
Publication statusPublished - 2015
Externally publishedYes

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