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IRIS 2023-1:1/17 [IT] The Italian Court of Cassation allows global delisting/removal orders against search engines

On 15 November 2022 through decision no. 34658/2022 (the Decision), the Italian Court of Cassation confirmed the legitimacy of global delisting/removal orders against search engines. The case originated in 2017 when the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – Garante) ordered a search engine to delist from its services the URLs that were the object of the proceedings, and also referred to the non-European versions of the same search engine, thereby issuing a de facto global delisting order. The search engine appealed the Garante’s decision...

IRIS 2022-9:1/3 European Commission: Proposal for a European Media Freedom Act (EMFA)

As announced in September 2021 by the President of the European Commission Ursula von der Leyen in her State of the Union Speech: “Media companies cannot be treated as just another business. Their independence is essential. Europe needs a law that safeguards this independence - and the Commission will deliver a Media Freedom Act in the next year”.  A proposal for a Regulation establishing a common framework for media services in the internal market (Media Freedom Act — EMFA) was released by the European Commission on 16 September 2022. The EMFA proposal lays down a common...

IRIS 2022-4:1/16 Proposed European Declaration on Digital Rights and Principles

On 26 January 2022, the European Commission published an important proposal for a European Declaration on Digital Rights and Principles, designed to ensure that the rights and freedoms enshrined in the EU legal framework, and the European values expressed by the principles, are respected in the online environment. Importantly, the Declaration will take the form of a joint solemn declaration, to be signed by the European Parliament, the Council, and the Commission. The Commission has now invited the Parliament and Council to discuss the draft Declaration, and “endorse it at the highest level”...

IRIS 2022-4:1/18 [NL] Stop Online Shaming judgment requiring platform to remove user-generated videos posted without consent

On 16 February 2022, the Rechtbank Amsterdam (District Court of Amsterdam) delivered an important judgment regarding user-generated content posted without prior consent on video-platforms hosting adult content. The case was filed as a class action lawsuit instigated by Stichting Stop Online Shaming (Stop Online Shaming Foundation — SOS), representing the interests of victims of online privacy infringements, and Stichting Expertisebureau Online Kindermisbruik (Online Child Abuse Expertise Centre Foundation), concerned with preventing and countering (online) child abuse...

IRIS 2022-4:1/20 [NL] New Dutch regulatory collaboration involving Dutch Media Authority opens first joint-investigation

On 3 March 2022, the Commissariaat voor de Media (Dutch Media Authority) announced that the recently-established Digital Regulation Cooperation Platform (SDT) has opened its first investigation into effective online transparency and the use of internet users' data. The SDT is a first-ever regulatory collaboration between the Dutch Media Authority, Netherlands Authority for Consumers & Markets, the Dutch Data Protection Authority, and the Netherlands Authority for the Financial Markets. The SDT was established to strengthen the supervision of digital activities, and strengthen enforcement...