23 December 2025
Judicial De-Simplification
In early December, the Court of Justice handed down a controversial ruling in Russmedia – indicating that online platforms can no longer confidently rely on EU intermediary liability law for protection against legal responsibility for user content in cases which involve data protection violations. Russmedia significantly weakens the intermediary liability protection – but the extent of the damage to the safe harbour remains unclear. The judgment can be read as having either a broad or narrow application, and the extent of the damage will depend upon how expansively the case is interpreted. And already, different actors are reading the judgment in very different ways. Continue reading >>
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21 December 2025
A General Obligation to Monitor
In Russmedia Digital, the ECJ ruled at the beginning of December that in cases dealing with data protection violations, such as defamatory content, the notice-and-takedown procedure should not be applied, but rather that the respective platform is (jointly) liable for illegal content from the publication of the content on. Clearly unaware of the enormous implications of its decision for the freedom of expression and information of millions of users in the EU, the Court is thus demanding the establishment of a comprehensive monitoring system for communication in the digital public sphere. Continue reading >>
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05 December 2025