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ABOUT THE AUTHOR

Martin Senftleben

Martin Senftleben is Professor of Intellectual Property Law and Director of the Institute for Information Law (IViR) at the Amsterdam Law School. His activities focus on the reconciliation of private intellectual property rights with competing public interests of a social, cultural or economic nature.

POSTS BY Martin Senftleben

15 April 2025

Martin Senftleben

Fashion Upcycling and the Human Right to a Healthy Environment

With new collections each season, the fashion industry produces a highly problematic fashion garbage heap every year. Circular economy projects seeking to produce “new” garments by reworking second hand and unsold fashion items have particular societal value against this background. Evidently, legal solutions that support fashion reuse have particular relevance in the light of these goals. Continue reading >>

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21 February 2024

Martin Senftleben

Human Rights Outsourcing and Reliance on User Activism in the DSA

Article 14(4) of the Digital Services Act (DSA) places an obligation on providers of intermediary services, including online platforms hosting user-generated content (see Article 3(g) DSA), to apply content moderation systems in “a diligent, objective and proportionate manner.” Against this background, the approach taken in Article 14(4) DSA raises complex questions. Does the possibility of imposing fundamental rights obligations on intermediaries, such as online platforms, exempt the state power from the noble task of preventing inroads into fundamental rights itself? Can the legislator legitimately outsource the obligation to safeguard fundamental rights to private parties? Continue reading >>

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