The Eu Digital Services Act Dsa
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The Eu Digital Services Act
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Author : Folkert Wilman
language : en
Publisher: Oxford University Press
Release Date : 2024-08-01
The Eu Digital Services Act written by Folkert Wilman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-01 with Law categories.
The EU Regulation on a Single Market for Digital Services (Digital Services Act, the 'DSA') is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU's reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines. The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely unchartered territory: numerous provisions draw inspiration from, or are applied together with, the provisions of other Acts and areas of EU law. This Commentary explores the jurisprudential origins of the provisions of the DSA and their articulation with other EU Acts, which will be essential for its interpretation and application. With a foreword by Maciej Szpunar, the First Advocate General at the EU Court of Justice, The EU Digital Services Act: A Commentary strikes a balance between a practical commentary and an academic analysis, and is aimed at legal practitioners, academics, and public authorities.
The Eu Digital Services Act Dsa
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Author : Milos Novovic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-08-14
The Eu Digital Services Act Dsa written by Milos Novovic and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-14 with Law categories.
The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation liability of online services which transmit, cache, or store illegal user content; rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users. Service-Specific Obligations rules affecting profiling-based advertising, content recommendation systems, and user interface design; duties of platforms which disseminate user content, obligations of online consumer marketplaces, and exemptions for micro and small enterprises; novel transparency reporting duties, publication of databases and reports, and provision of access to platform data and algorithms; and duties of very large online platforms and search engines. Enforcement Framework competencies, tasks and powers of authorities and the EU Commission to monitor compliance, investigate infringements and impose sanctions; national, cross-border and European coordination, cooperation and enforcement mechanisms; and issues of jurisdiction and applicable law, and duties of providers established outside of the EU. Given the DSA’s scope, this book will be relevant to businesses of any size that handle user content. It will also be of great value to a broad audience of legal practitioners, public officials, civil society stakeholders, researchers, and content creators. All professionals working with user content management issues can use this book to gain valuable compliance insights.
Unravelling The Digital Services Act Package
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Author : European Audiovisual Observatory
language : en
Publisher:
Release Date : 2022-01-09
Unravelling The Digital Services Act Package written by European Audiovisual Observatory and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-09 with categories.
A state-of-the-art analysis of how European media legislation proposes to deal with the challenges of regulating online content and those who provide digital services - in the shape of the Digital Services Act Package.In 2019, the European Commission launched the process for the adoption of the so-called Digital Services Act package, which aims at modernising the current legal framework for online intermediary services. As a result of this process, two new Regulation proposals, the Digital Services Act (DSA) and the Digital Markets Act (DMA) were published on 15 December 2020.The Digital Services Act is a bit like a Russian doll. It provides rules for Intermediary services offering network infrastructure, with special rules for hosting services, online platforms and very large platforms. Very large platforms are online platforms that reach more than 10% of the EU's population (45 million users) and are considered systemic in nature
Digital Constitutionalism In Europe
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Author : Giovanni De Gregorio
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Digital Constitutionalism In Europe written by Giovanni De Gregorio and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
The Legitimacy Of Standardisation As A Regulatory Technique
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Author : Mariolina Eliantonio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
The Legitimacy Of Standardisation As A Regulatory Technique written by Mariolina Eliantonio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.
The Division Of Competences Between The Eu And The Member States
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Author : Sacha Garben
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Division Of Competences Between The Eu And The Member States written by Sacha Garben and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
Principles Of The Digital Services Act
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Author : Martin Husovec
language : en
Publisher: Oxford University Press
Release Date : 2024-08-29
Principles Of The Digital Services Act written by Martin Husovec and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-29 with Law categories.
Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond. The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression. Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.
Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
Injunctions Against Intermediaries In The European Union written by Martin Husovec and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Eu Digital Law
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Author : Reiner Schulze
language : en
Publisher: Nomos/Hart
Release Date : 2020-02-20
Eu Digital Law written by Reiner Schulze and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the development of national and European law in the future. The Digital Content Directive is set to play a central rule in this development. Its provisions on conformity and remedies for non-conforming digital content concern the heart of the protection for the consumer. Its rules will not only have to be transposed into national law over the coming years but will also interact with existing provisions from the Consumer Rights Directive 2011/83/EU, the E-Commerce Directive 2000/31/EU, and the Portability Regulation 2017/1128 in order for the legal framework on the supply of digital content to function. The Commentary contains an in-depth, article-by-article analysis of core provisions concerning the supply of digital content: from the pre-contractual information duties and cancellation rights to conformity and portability of digital content. The contributors are legal experts from across the EU. Their comments give not only detailed explanations of the background and purpose of the provisions in order to assist interpretation, but also indicate potential difficulties and solutions in order to ease transposition and implementation of the rules on the supply of digital content. It will be an essential guide for legislators, practitioners and scholars.
The Twenty Six Words That Created The Internet
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Author : Jeff Kosseff
language : en
Publisher: Cornell University Press
Release Date : 2019-04-15
The Twenty Six Words That Created The Internet written by Jeff Kosseff and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
As seen on CBS 60 Minutes "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Did you know that these twenty-six words are responsible for much of America's multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law—a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. The Twenty-Six Words That Created the Internet tells the story of the institutions that flourished as a result of this powerful statute. It introduces us to those who created the law, those who advocated for it, and those involved in some of the most prominent cases decided under the law. Kosseff assesses the law that has facilitated freedom of online speech, trolling, and much more. His keen eye for the law, combined with his background as an award-winning journalist, demystifies a statute that affects all our lives –for good and for ill. While Section 230 may be imperfect and in need of refinement, Kosseff maintains that it is necessary to foster free speech and innovation. For filings from many of the cases discussed in the book and updates about Section 230, visit jeffkosseff.com