Analysis of European Commission’s regulatory proposals to modernise EU liability regime for the digital age
06 October 22
Elisar Bashir
The EU executive body published two complementary draft directives to adapt the existing liability rules to new digital technologies, including artificial intelligence (AI), and the circular economy. This Flash offers a detailed analysis of both proposals on EU liability rules.
General and indiscriminate retention of traffic and location data can be justified neither for combating serious crime nor market abuse offences, EU top court confirms
03 October 22
Marianna Mattera
The Court of Justice of the EU confirmed, in line with its previous case law, that the general and indiscriminate retention of electronic communications traffic and location data cannot be justified by the fight against serious crime or combating market abuse offences, including insider dealing.
EU Digital Economy Weekly Report
02 October 22
Javier Huerta Bravo
This week’s edition features stories about two legislative proposals to adapt the existing liability rules to new digital technologies, including artificial intelligence; a public consultation on whether the current framework for enforcement cooperation in consumer law cases is fit for the increasing threats online; and an update on the candidate cybersecurity certification scheme for cloud services. It also lists events taking place this week.
European Commission announces regulatory proposals to modernise EU liability regime for the digital age
02 October 22
Elisar Bashir
Two complementary draft directives aim to adapt the existing liability rules to new digital technologies and the circular economy. The draft Directive on liability for defective products aims to modernise the existing EU harmonised regime on no fault-based (strict) liability, repealing and replacing the existing Product Liability Directive (PLD). A draft Artificial intelligence (AI) Liability Directive intends to harmonise rules that apply under national fault-based liability regimes to ensure broader protection for damages caused by AI systems.
Update on candidate EU cybersecurity certification scheme on cloud services
02 October 22
Visiola Pula
The executive director of the EU cybersecurity agency said that “we are currently standing almost at the end of the process” to finalise the candidate cybersecurity certification scheme for cloud services (EUCS). The European Parliament (EP) rapporteur for the NIS2, Bart Groothuis (Renew, Netherlands), called for the candidate EUCS to be subject to scrutiny by the EP and the Council of the EU.
Consumer protection: European Commission consults on how to better protect users from dark patterns online
02 October 22
Olha Hruba
The European Commission is consulting until 21 December 2022 on how to better protect consumers online from dark patterns such as hidden information, preselection of options and difficult cancellation. The Commission is considering extending the scope of the Consumer Protection Cooperation Regulation to explicitly include third-country traders and to increase the role of the Commission in cross-border enforcement.