Category Archives: European Private Law
Nwabueze and White, ‘Privacy law and the dead – a reappraisal (part II)’
ABSTRACT In an earlier article, we argued that post-mortem privacy is not sufficiently protected in England and Wales. In this article, we draw from Boonin’s posthumous harm thesis and posthumous wrong thesis to develop a framework and rationale for justifying the recognition and enforcement of a privacy right post-mortem. Essentially, our theoretical framework suggests that, […]
Elias Van Gool, ‘Product Liability in a More Circular Economy: A Study of Liability for Alternative Methods of Distributing and Producing Durable Consumer Goods’
ABSTRACT Specific, more strict theories of product liability, which have now largely been maximally harmonised in the EU, have developed on the basis of a linear economic model. By using doctrinal and economic legal research, this thesis examines the state of EU product liability law and how it is tested by alternative, circular economic methods […]
Jo Helme, ‘Do Unpaid Internships Breach Equality Law?’
ABSTRACT One of the pervasive legal questions surrounding unpaid internships is whether they are compliant with equality law. This speculation, however, has not yet faced judicial determination. This article analyses the merits of such a claim, focusing specifically on whether the EU recommendation that permits unpaid internships can be regarded as ‘invalid’ for discriminating based […]
Minssen, Aboy and Vayena, ‘Navigating the EU AI Act: Implications for Regulated Digital Medical Products’
ABSTRACT The newly adopted EU AI Act represents a pivotal milestone that heralds a new era of AI regulation across industries. With its broad territorial scope and applicability, this comprehensive legislation establishes stringent requirements for AI systems. In this article, we analyze the AI Act’s impact on digital medical products, such as medical devices: How […]
Esposito, Grochowski, Piron and Sibony, ‘The National Lives of EU Consumer Standards: How Courts Develop the Average and Particularly Vulnerable Consumer and Create the Above-Average Consumer’
ABSTRACT The article explores how national courts interpret the EU average consumer standard and the accompanying concept of ‘particularly vulnerable’ consumers (within the meaning of the Unfair Commercial Practices Directive). It summarises the key findings of a team of national reporters who reviewed case law across 19 jurisdictions, including EU Member States and neighbouring countries […]
Dirk Heirbaut, ‘Reflections on Codification History’
If we do not count constitutions, codifications are the most important texts of a nation’s legal system, at least in those countries which have codifications. Sometimes, a code may even surpass the constitution as a national symbol. Thus, since 1789, France has had so many regime changes and subsequent new constitutions that Jean Carbonnier has […]
Lorenzo Angelillo, ‘Protection of Personal Data: A Comparative Analysis of the Top 12 Economies by GDP’
ABSTRACT This paper conducts a comparative analysis of personal data protection legislation across the twelve largest economies by GDP — the United States, China, Japan, Germany, India, the United Kingdom, France, Italy, Canada, South Korea, Russia, and Brazil — together representing over 70% of global GDP and more than 50% of the world’s population. The […]
Folliard-Monguiral and Rogers, ‘Round-up of European Union trade mark decisions 2025’
ABSTRACT The purpose of this article is to give a quick overview of the most significant EU trade mark (EUTM) cases decided in 2025 by the Court of Justice of the European Union (CJEU) and the General Court (GC). The article has a practical bias and is aimed at readers who wish to rapidly find […]
David Sella-Villa, ‘The Third-Party Privacy Problem’
ABSTRACT You stand on a city street corner, and a driverless robotaxi crosses the road in front of you. To operate safely, the robotaxi identifies you as a person, tracks your movements, determines your relative location, and stores data about you. What are your privacy interests in these data? This Article examines the ‘third-party privacy […]
Schmitz-Berndta, Langensteiner and Kalpakos, ‘Non-consensual deepnudes: responses under EU law to a novel form of sexual abuse’
ABSTRACT Pornography has long driven technological innovation and now appears to be a major force in the AI landscape. New tools are freely accessible, highly sophisticated, and require no technical expertise, enabling anyone, including minors, to instantly create realistic sexualised imagery. The rise of sexualised deepfakes presents serious legal challenges, particularly when real persons are […]