Keyword: case law

Annotatie bij Hof van Justitie EU 9 maart 2021, Hof van Justitie EU 22 juni 2021 & Hoge Raad 27 januari 2023 download

Hugenholtz, P.
Nederlandse Jurisprudentie, iss. : 34, num: 314, pp: 6726-6728, 2024

case law, Copyright

Bibtex

Case note{nokey, title = {Annotatie bij Hof van Justitie EU 9 maart 2021, Hof van Justitie EU 22 juni 2021 & Hoge Raad 27 januari 2023}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/nl/publications/annotatie-bij-hof-van-justitie-eu-9-maart-2021-hof-van-justitie-eu-22-juni-2021-hoge-raad-27-januari-2023-stichting-brein-news-service-europe/annotatie_nj_2024_314/}, year = {2024}, date = {2024-12-05}, journal = {Nederlandse Jurisprudentie}, issue = {34}, number = {314}, keywords = {case law, Copyright}, }

The Right to an Explanation in Practice: Insights from Case Law for the GDPR and the AI Act external link

Metikoš, L. & Ausloos, J.
Law, Innovation, and Technology (forthcoming), 2024

Abstract

[This is a pre-publication draft paper, forthcoming in Law, Innovation, and Technology 17.2, October 2025. The final version is subject to further revisions.] The right to an explanation under the GDPR has been much discussed in legal-doctrinal scholarship. This paper expands upon this academic discourse, by providing insights into what questions the application of the right to an explanation has raised in legal practice. By looking at cases brought before various judicial bodies and data protection authorities across the European Union, we discuss questions regarding the scope, content, and balancing exercise of the right to an explanation. We argue, moreover, that these questions also raise important interpretative issues regarding the right to an explanation under the AI Act. Similar to the GDPR, the AI Act's right to an explanation leaves many legal questions unanswered. Therefore, the insights from the already established case law under the GDPR, can help us to understand better how the AI Act's right to an explanation should be understood in practice.

AI Act, case law, GDPR, Privacy

Bibtex

Article{nokey, title = {The Right to an Explanation in Practice: Insights from Case Law for the GDPR and the AI Act}, author = {Metikoš, L. and Ausloos, J.}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4996173}, year = {2024}, date = {2024-10-24}, journal = {Law, Innovation, and Technology (forthcoming)}, abstract = {[This is a pre-publication draft paper, forthcoming in Law, Innovation, and Technology 17.2, October 2025. The final version is subject to further revisions.] The right to an explanation under the GDPR has been much discussed in legal-doctrinal scholarship. This paper expands upon this academic discourse, by providing insights into what questions the application of the right to an explanation has raised in legal practice. By looking at cases brought before various judicial bodies and data protection authorities across the European Union, we discuss questions regarding the scope, content, and balancing exercise of the right to an explanation. We argue, moreover, that these questions also raise important interpretative issues regarding the right to an explanation under the AI Act. Similar to the GDPR, the AI Act\'s right to an explanation leaves many legal questions unanswered. Therefore, the insights from the already established case law under the GDPR, can help us to understand better how the AI Act\'s right to an explanation should be understood in practice.}, keywords = {AI Act, case law, GDPR, Privacy}, }

BGH: uploading a free-trial version of Microsoft Office is also making available to the public external link

Bouchè, G.
Kluwer Copyright Blog, 2020

case law, Copyright, Germany, infringement, Software

Bibtex

Article{Bouchè2020, title = {BGH: uploading a free-trial version of Microsoft Office is also making available to the public}, author = {Bouchè, G.}, url = {http://copyrightblog.kluweriplaw.com/2020/02/20/bgh-uploading-a-free-trial-version-of-microsoft-office-is-also-making-available-to-the-public/}, year = {0225}, date = {2020-02-25}, journal = {Kluwer Copyright Blog}, keywords = {case law, Copyright, Germany, infringement, Software}, }

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.
0517

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

Bibtex

Book{McGonagle2018, title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights}, author = {McGonagle, T. and Voorhoof, D.}, url = {https://rm.coe.int/freedom-of-expression-the-media-and-journalists-iris-themes-vol-iii-de/16807c1181}, year = {0517}, date = {2018-05-17}, abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With well over 30,000 downloads, the first three editions of the e-book (2013, 2015 and 2016) have proved hugely successful. The new fourth edition summarises over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.}, keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law}, }

“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions external link

Zeybek, B.
Kluwer Copyright Blog, 2018

Abstract

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.

Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations

Bibtex

Article{Zeybek2018, title = {“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions}, author = {Zeybek, B.}, url = {http://copyrightblog.kluweriplaw.com/2018/02/12/reformist-departure-questions-referred-bundesgerichtshof-cjeu-reporting-current-events-quotation-exceptions/}, year = {0213}, date = {2018-02-13}, journal = {Kluwer Copyright Blog}, abstract = {The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.}, keywords = {Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations}, }

Annotatie bij EHRM 22 november 2016 (Kaos GL / Turkije) external link

McGonagle, T.
European Human Right Cases, num: 6, 2017

case law, EHRM, Freedom of expression, frontpage, protection of morals

Bibtex

Article{McGonagle2017b, title = {Annotatie bij EHRM 22 november 2016 (Kaos GL / Turkije)}, author = {McGonagle, T.}, url = {https://www.ivir.nl/publicaties/download/Annotatie_EHRC_2017_6.pdf}, year = {0530}, date = {2017-05-30}, journal = {European Human Right Cases}, number = {6}, keywords = {case law, EHRM, Freedom of expression, frontpage, protection of morals}, }

Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights external link

McGonagle, T. & Voorhoof, D.
European Audiovisual Observatory, 0413, ISBN: 9789287184351

Abstract

This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court's online case-law database). The latest edition of the e-book is also available in French and in German. For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.

case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law

Bibtex

Book{McGonagle2017b, title = {Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights}, author = {McGonagle, T. and Voorhoof, D.}, url = {https://www.ivir.nl/publicaties/download/IRISThemesVolIII_2016.pdf}, year = {0413}, date = {2017-04-13}, abstract = {This e-book provides valuable insights into the European Court of Human Rights’ extensive case-law on freedom of expression and media and journalistic freedoms. With 30,000 downloads, the first and second editions of the e-book (2013, 2015) have proved hugely successful. The new updated edition summarises over 250 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court\'s online case-law database). The latest edition of the e-book is also available in French and in German. For an optimal navigational experience, one should download the e-book and read the technical tips on p. 3.}, keywords = {case law, European Court of Human Rights, Freedom of expression, frontpage, Journalism, Media law}, }

Freedom of expression and defamation: A study of the case law of the European Court of Human Rights external link

McGonagle, T.
Council of Europe, 1004, ISBN: 9789287182500

Abstract

Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

case law, defamation, European Court of Human Rights, Freedom of expression, frontpage, Vrijheid van meningsuiting

Bibtex

Book{McGonagle2016, title = {Freedom of expression and defamation: A study of the case law of the European Court of Human Rights}, author = {McGonagle, T.}, url = {https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016806ac95b}, year = {1004}, date = {2016-10-04}, abstract = {Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.}, keywords = {case law, defamation, European Court of Human Rights, Freedom of expression, frontpage, Vrijheid van meningsuiting}, }