This article examines host providers' liabilities and duties with regard to user-generated content, focusing on the novelties contained in the ‘Proposal for a Data Protection Regulation’, recently advanced by the EU Commission. First it considers how the Proposal addresses the contentious overlap of e-commerce immunities and data protection rules. Then it considers providers' knowledge that illegal personal information has been uploaded on their platform, and examine whether such knowledge should terminate providers' immunity. Finally, it critically assesses the right to be forgotten, newly introduced in the Proposal, and the sanctions for its violation.
Providers’ Liabilities in the New EU Data Protection Regulation: A Threat to Internet Freedoms? / Giovanni Sartor. - In: INTERNATIONAL DATA PRIVACY LAW. - ISSN 2044-3994. - STAMPA. - 3:1(2013), pp. 3-12. [10.1093/idpl/ips034]
Providers’ Liabilities in the New EU Data Protection Regulation: A Threat to Internet Freedoms?
SARTOR, GIOVANNI
2013
Abstract
This article examines host providers' liabilities and duties with regard to user-generated content, focusing on the novelties contained in the ‘Proposal for a Data Protection Regulation’, recently advanced by the EU Commission. First it considers how the Proposal addresses the contentious overlap of e-commerce immunities and data protection rules. Then it considers providers' knowledge that illegal personal information has been uploaded on their platform, and examine whether such knowledge should terminate providers' immunity. Finally, it critically assesses the right to be forgotten, newly introduced in the Proposal, and the sanctions for its violation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
