Category Archives: European Private Law
Ralf Poscher, ‘Resubstantivising Data Protection Rights’
ABSTRACT In this paper, Ralf Poscher addresses the question of what substantive freedom or interest the right to data protection is about. Drawing on German and European judgments on data protection and on theoretical conceptualizations of privacy, the author argues that data protection does not safeguard against actual violations (or at least a concrete danger […]
Nuno Pires Salpico, ‘Compensation Under the GDPR: Does Data Protection Law Require Damage – and Where to Find It?’
Uncertainty still hangs over the private enforcement of the GDPR, particularly with regard to the right to compensation. More recently, the CJEU has increasingly been called upon to clarify issues concerning the application of Art 82 GDPR. Yet, this debate remains open: the concept of damage, the criteria for its assessment, and the boundaries between […]
‘German Court Decides US Copyright Claims’
The training of artificial intelligence (‘AI’) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies […]
Janssen, Bekker and Van Den Bos, ‘The pre-dispute phase up close: experiences of visitors to Dutch legal aid centres’
ABSTRACT Given indications of rising challenges for marginalized citizens in the pre-dispute phase of civil procedures, we studied this phase up close at Dutch legal aid centres using the framework of William Felstiner et al on naming, blaming, and claiming. Interviews were conducted with 116 visitors to these centres. We asked them when and why […]
‘Harmonisation of Tort Law Revisited’ (special issue of Journal of European Tort Law)
Harmonisation of Tort Law Revisited: Where We Stand and Where We are Headed (Barbara C Steininger) Court Practice and Harmonisation – Status and Challenges in the Face of Modern Tort Law (Bjarte Askeland) Tort Reform over a Quarter-Century – Are European Statutory Tort Laws Converging? (Marta Infantino) EU Law as a Force for Harmonisation of […]
Emmanouil Bougiakiotis, ‘The Case for Abolishing Consent in Data Privacy Law’
ABSTRACT Consent in data protection law is highly contentious. Critics argue that enabling people to make their own decisions is not feasible, as people are generally poor decision-makers. However, proponents insist on the value of consent as a tool of empowerment. This Article challenges the foundational assumptions of this debate: that consent is conducive to […]
Infantino and Crea, ‘Digital Vulnerability for All?’
ABSTRACT What if we took seriously the idea recently put forward by many institutions and scholars that, in online interactions, all human beings are vulnerable or made more vulnerable than ordinary? What if our regulatory infrastructures acknowledged that the vast majority of us, even in the hyperconnected societies of the Global North, have little understanding […]
Tujjar, Ientile and Toppetti, ‘After the AI Liability Directive: Civil Liability for Healthcare AI and the Limits of EU Risk Regulation’
ABSTRACT Following the withdrawal of the proposed AI Liability Directive in 2025, claims concerning harm caused by healthcare AI continue to be addressed through product liability, national medical liability and sectoral regulation. This article analyses that architecture through three deployment archetypes, a CE-marked radiology triage tool, a machine-learning deterioration score and an ambient clinical scribe, […]
Güzide Irem Can, ‘Why Contracts Need a Holistic Approach to Sustainability?’
ABSTRACT The concept of sustainability – which has become central to today’s legal and economic systems – is being transformed from a broad social, ecological and business-related concern into a binding legal principle that concerns and affects both public and private law. In other words, sustainability is also being transformed into a binding legal paradigm […]
Elena Izyumenko, ‘Copyrighting Style? Reframing Style Imitation as Non-Literal Copying in EU Copyright Law: Implications for Generative AI and Fashion Dupes’
ABSTRACT The proposition that artistic style falls outside copyright protection is widely regarded as axiomatic in copyright law. Under the idea/expression dichotomy, authors may claim exclusive rights over the specific expression of their ideas, but not over artistic styles, genres or aesthetic vocabulary. Recent developments, however, have made the copyright treatment of style increasingly difficult […]