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In a decision (I ZR 153/17) of 10 December 2020, the Bundesgerichtshof (Federal Supreme Court – BGH), Germany’s highest ordinary court, ruled that the information that must be disclosed concerning a user who has illegally uploaded copyright-protected content to a video-sharing platform does not include their e-mail address, telephone number or IP address. The court therefore followed the preliminary ruling of the Court of Justice of the European Union (CJEU) of 9 July 2020 (C-264/19). The dispute concerned an action brought by a film distributor against the YouTube Internet platform....

On 29 October 2020, the Senate of the Italian Republic approved the text of the 2019 European Delegation Law, a legislative instrument by which the parliament delegates powers to the government to transpose EU directives into the Italian legal system. Following its approval by the other parliamentary chamber (the Camera), which is expected by the end of 2020, the text will become binding, leading the way for the long-awaited process of transposing the previous year's EU legislation. The 2019 European Delegation Law refers to 38 European directives, including Directive 2018/1808 (AVMSD). Article...

On 27 July 2020, the German Bundesgerichtshof (Federal Supreme Court – BGH) issued two decisions on the “right to be forgotten”, which gives people the right to have their personal information deleted by data processors such as search engine operators after a certain period of time. However, the right does not apply without restriction, but depends on a series of factors that need to be weighed up. This is demonstrated by both BGH decisions, in which one claim was rejected while the other was submitted to the Court of Justice of the European Union (CJEU). The first procedure...

Following an appeal by a politician and on the basis of her new submissions in the appeal proceedings and the court’s additional findings, the Landgericht Berlin (Berlin District Court), in a new ruling of 21 January 2020, partly amended its original decision of 9 September 2019 (see IRIS 2019-10:1/11) on the politician’s claim against the Facebook social media platform for the publication of user data. In its original decision, the Landgericht Berlin had rejected the well-known German politician’s request for information about users who had insulted her on the grounds that the...

Act No. 2019-759 of 24 July 2019 “creating a tax on digital services and changing the trajectory of corporate tax cuts” was gazetted on 25 July 2019. The "GAFA tax", which was promoted by Minister of the Economy and Finance Bruno Le Maire, is based on European draft legislation that was not passed because of reticence on the part of several European Union member States. That leaves France as a pioneer. The newly-created tax amounts to 3% of the turnover generated by certain digital activitiesin France. It covers revenue from targeted on-line advertising,...