The EU Digital Services Act

The EU Digital Services Act PDF Author: Folkert Wilman
Publisher: Oxford University Press
ISBN: 0198892853
Category : Law
Languages : en
Pages : 625

Get Book Here

Book Description
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)

The EU Digital Services Act (DSA) PDF Author: Milos Novovic
Publisher: Kluwer Law International B.V.
ISBN: 9403510870
Category : Law
Languages : en
Pages : 782

Get Book Here

Book Description
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.

The EU Digital Services Act

The EU Digital Services Act PDF Author: Folkert Wilman
Publisher: Oxford University Press
ISBN: 0198892853
Category : Law
Languages : en
Pages : 625

Get Book Here

Book Description
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.

Commentary on the Digital Services Act

Commentary on the Digital Services Act PDF Author: Benjamin Raue
Publisher: Beck/Hart/Nomos
ISBN: 9781509957132
Category : Law
Languages : en
Pages : 752

Get Book Here

Book Description
The Digital Services Act provides a framework for all categories of content, products, services and activities on intermediary services. It builds on existing liability rules and is directly applicable to all intermediary services provided to residents of the European Union, irrespective of the place of establishment of the service provider. In this commentary, a team of experts work meticulously, article-by-article, to set out precisely the obligations and liabilities that it gives rise to. All lawyers in the field of digital services will find this invaluable.

Digital Services Act and Digital Markets Act

Digital Services Act and Digital Markets Act PDF Author:
Publisher:
ISBN: 9789283053323
Category :
Languages : en
Pages :

Get Book Here

Book Description
The Digital Services Act (DSA) and the Digital Markets Act (DMA) are the EU answer to updating rules for digital services. Both legislative proposals aim at fostering Europe's key political objective of digital sovereignty through unleashing the potential of our Digital Single Market and ensuring safe, fair, open and accountable digital services according to the European values.

The Digital Services Act and the Digital Markets Act

The Digital Services Act and the Digital Markets Act PDF Author:
Publisher:
ISBN: 9789284683222
Category :
Languages : en
Pages :

Get Book Here

Book Description
The European Commission (EC) put forward two proposals, the DSA and the DMA, to improve the governance of digital services and markets in the European Union (EU). The proposals aim to create a safe environment for consumers when using digital services and to foster innovation and competition by creating a level playing field in digital markets. This workshop was organised to explore possible conclusions and recommendations on the DSA and DMA proposals and gather evidence on the expected effects of the regulation of online intermediaries. The aim of the first panel was to explore in more depth some of the issues covered by the DSA proposal, namely the fragmentation of the single market for services, the responsibilities of intermediaries and problems faced by consumers when using online platforms and digital services or accessing illegal services or products, as well as issues related to supervision and enforcement. The aim of the second panel was to explore some of the issues covered by the DMA proposal, namely the role that a few online platforms play in the digital economy and the need to ensure a fair and contestable online platform environment to the benefit of consumers.

Digital Constitutionalism in Europe

Digital Constitutionalism in Europe PDF Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1316512770
Category : Law
Languages : en
Pages : 383

Get Book Here

Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

Incitement to Terrorism

Incitement to Terrorism PDF Author: Anne F. Bayefsky
Publisher: BRILL
ISBN: 9004359826
Category : Law
Languages : en
Pages : 187

Get Book Here

Book Description
Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, how does social media and the nature of communication and engagement in our virtual world change or complicate how we think about, and can respond to, incitement? This compilation offers expert analysis on incitement to terrorism across these challenging issues and questions. The contributors bring expertise from a range of countries and operational experiences, providing an illuminating and thought-provoking examination of domestic and international law, comparative approaches, and emerging trends with respect to incitement to terrorism.

EU Internet Law

EU Internet Law PDF Author: Tatiana-Eleni Synodinou
Publisher: Springer
ISBN: 3319649558
Category : Law
Languages : en
Pages : 440

Get Book Here

Book Description
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

Principles of the Digital Services Act

Principles of the Digital Services Act PDF Author: Martin Husovec
Publisher: Oxford University Press
ISBN: 0192882473
Category : Law
Languages : en
Pages : 513

Get Book Here

Book Description
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.

Government Policy toward Open Source Software

Government Policy toward Open Source Software PDF Author: Robert W. Hahn
Publisher: Rowman & Littlefield
ISBN: 9780815717058
Category : Computers
Languages : en
Pages : 128

Get Book Here

Book Description
Can open source software—software that is usually available without charge and that individuals are free to modify—survive against the fierce competition of proprietary software, such as Microsoft Windows? Should the government intervene on its behalf? This book addresses a host of issues raised by the rapid growth of open source software, including government subsidies for research and development, government procurement policy, and patent and copyright policy. Contributors offer diverse perspectives on a phenomenon that has become a lightning rod for controversy in the field of information technology. Contributors include James Bessen (Research on Innovation), David S. Evans (National Economic Research Associates), Lawrence Lessig (Stanford University), Bradford L. Smith (Microsoft Corporation), and Robert W. Hahn (director, AEI-Brookings Joint Center).