Category Archives: European Private Law

‘Who is bound by Choice of Court Agreements in Bills of Lading?’

According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. However, there are exceptions to the privity doctrine where a third party may be bound by or derive benefit from a choice of court agreement, even if it did […]

Gommers, Leppink and Schneider, ‘Round-up of European enforcement case law 2023’

INTRODUCTION While the world is again facing new challenges in 2024, with wars and conflicts around the corner and further away, as well as upcoming critical elections, law practitioners, including in the field of intellectual property (IP), are focused on the opportunities and challenges brought about by the adoption of artificial intelligence in the legal […]

Deimantė Rimkutė, ‘Shaping Civil Liability in the Digital Age: AILD and the Revisited PLD’

ABSTRACT This article assesses two proposals for directives put forward by the European Commission: The Artificial Intelligence Liability Directive and the revised Product Liability Directive. The first part of the article introduces and compares the two proposals for directives. The subsequent part assesses the key elements of the Directives, including the scope of the application; […]

Bernardo Calabrese, ‘“Designating” the future of geographical indications’

As known, a comprehensive reform of geographical indications (GIs) in the EU has just been passed, strengthening and unifying its previous quality schemes for wine, spirits and agricultural products and foodstuff, on one side, and introducing a new parallel scheme for craft and industrial products, on the other side. The reform has attracted considerable attention, […]

Leufer and Hidvegi, ‘The Pitfalls of the European Union’s Risk-Based Approach to Digital Rulemaking’

ABSTRACT The European Union’s Artificial Intelligence Act takes a so-called risk-based approach to regulating artificial intelligence. In addition to being celebrated by industry, this risk-based approach is likely to spread due to the ‘Brussels Effect’ whereby EU legislation is taken as a model in other jurisdictions around the world. This article investigates how the AI […]

Florence G’sell, ‘An Overview of the European Union Framework Governing Generative AI Models and Systems’

ABSTRACT This study is a work in progress examining the legal framework governing generative AI models in the European Union. First, it studies the rules already applicable to generative AI models (GDPR, Copyright Law, Civil Liability, Digital Services Act). Second, it examines the latest version of the AI Act as it was voted by the […]

Tiago Soares Da Fonseca, ‘Arbitration and Mediation in Consumer Disputes at the Consumer’s Option’

ABSTRACT Directive 2013/11/EU, of 21 May 2013, applies to domestic and cross-border out-of-court dispute resolution procedures relating to contractual obligations arising from sale or service contracts between traders established in the Union and consumers resident in the Union through the intervention of an Alternative Dispute Resolution (ADR) entity which proposes or imposes a solution, or […]

Gareth Davies, ‘Data and Money as Alternative Payment Methods for Online Services: Applying a Reasonable Alternative Idea of GDPR Consent’

ABSTRACT A central idea in the GDPR is that consent for data processing must be ‘freely given’. This has been consistently understood by academics and data protection institutions to mean that a refusal of consent must be costless: that individuals must be able to refuse data processing and still enjoy free and full access to […]

‘What’s in a name? The CJEU will tell us’

Fashion brands are often named after their founder and chief designer. But what happens to the trade marks if the founder retires, dies or sells the company without continuing to work for it? Can the trade mark become deceptive and if so, under what circumstances? This question lies at the heart of a preliminary reference […]

Kanan Naghiyev, ‘ChatGPT From a Data Protection Perspective’

ABSTRACT This paper explores the complex legal issues related to the use of ChatGPT, a cutting-edge language model developed by OpenAI. The main legal concerns are related to data privacy, intellectual property rights, and the possible misuse of generated content. It emphasises the significance of these concerns in the present digital era, where data is […]