GDPR, the proposed Copyright Directive and intermediary liability: one more time! | Peep Beep!

The GDPR, the proposed Copyright Directive and intermediary liability: one more time! | Peep Beep!: "One way to make sense of the GDPR could be to say that it implicitly acknowledges that the E-Commerce Directive liability exemptions should apply even in situations in which the service provider is (primarily) liable as a data controller.

 Note that the Court of Appeal in Northern Ireland did not wait for the GDPR to hold that Facebook, as a data controller and an information society provider, could avail itself of the national transposition of Article 14 of the E-Commerce Directive in CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016).

 Such an interpretation is sensible, although if the characterisation of data controller is retained it would seem logical [but who is interested in logic?] to conclude after Google Spain that the processing performed by Facebook should therefore be distinct from the processing performed by the uploader of the information.

 However because Articles 12-14, strictly speaking, only target one specific situation: liability for the (unlawful) information transmitted or stored by their users, a cumulative application of EU data protection law and e.g. Article 14 of the E-Commerce Directive could appear odd in some instances, e.g. in the case of a search engine referencing content lawfully published." 'via Blog this'