LAWPRO’s Post

Digital Services Act and Prompt Remedies in Digital Markets: A Reappraisal It is very well known that the #DigitalServicesAct become applicable (for most of its provisions) on February 17, 2024, and that this is a fundamental moment of the second #EUDigitalAgenda, together with the implementation of the #DigitalMarketsAct. It is also well known that #DSA delineates responsibilities for intermediary services, especially online platforms, considering the risks of dissemination of illegal contents, very broadly defined (by Recital 12). Putting on a side the usual symmetrical and horizontal approach, DSA opted for an asymmetric and vertical one, in line with the #CopyrightDirective (790/2019). Indeed, the type of business and the dimension of the #internetserviceprovider trigger different sets of "obligations", according to a flipped pyramidal system developed in its Chapter III (Arts. 11-48): the higher the tier, the more numerous the ties. But how those obligations deal with the liability rules provided by the single legal systems of the Member States? Do they set duties or obligations in the proper sense (burdening the debtor of a performance in favor of a creditor)? In the second case, is their breach relevant for the actions of third-parties? Are the differences between contractual and extracontractual liability established in many European systems relevant? It was a great pleasure to explore those questions together with the judges coming from all over Europe and taking part into the #DiCoProject, that is the training and networking Program on Competition law, policy and enforcement in digital markets funded by the European Commission and directed by Prof. Valeria Falce (Professor in Digital Transformation at the #EuropeanUniversityofRome). It was also a great pleasure to attend the "twin" lecture of the Judge Carlos M. G. de Melo Marinho (serving at the #LisbonCourtofAppeal - #IntellectualPropertyandCompetitionChamberofPortugal) on the #DMA and to have the chance to go back on the issue - for a reappraisal - after the impact report of the Digital Services Act on the Italian legal system I had the honor to draft in November 2022 under the the European Parliament funding (pursuant to art. 34, par. 5, of the implementing measures for the Statute for Members).

📌 #Part3 – A highlight from #Bootcamp2024 was the opportunity to work alongside an incredible team, and I had the privilege of being actively involved in the presentation led by the #DigiLawyers group. 🎤✨ Our focus was on one of the most pressing issues today: protecting consumer rights in the digital age. ⚖️🛍️💻 We took a deep dive into the Digital Services Act (DSA) and the Digital Markets Act (DMA), exploring how these pivotal frameworks shape the way online shops and digital service providers safeguard consumers' rights. Our proposals not only tackled the challenges of the evolving digital marketplace but also laid out key steps to ensure consumers remain protected in this rapidly changing landscape. Proud to contribute to this critical discussion! 🙌 #Law #DigitalLaw #ConsumerRights #DigitalServicesAct #DSA #DigitalMarketsAct #DMA

📌 #Part3 - At #Bootcamp2024, our students were divided into three working groups, each aligned with one of the program’s specializations. The #DigiLawyers team took the stage to tackle a critical issue—protecting consumer rights in the digital age. ⚖️🛍️💻 Building on the Digital Services Act (DSA) and the Digital Markets Act (DMA), they explored how online shops and digital service providers must effectively safeguard fundamental consumer rights. Their proposals addressed the challenges of today’s digital marketplace and highlighted the necessary steps to better protect consumers in this rapidly evolving online world. #Law #DigitalLaw #ConsumerRights #DigitalServicesAct #DSA #DigitalMarketsAct #DMA

📅 September is here, and it's the perfect time to revisit your organization’s digital strategies. ESRA provides essential insights into the legal and technical aspects of eSignatures and eRecords. Ensure your compliance with the latest standards. 💼 #LegalTech #DigitalStrategy #eRecords https://lnkd.in/e_4bi39J

🚨 Last Hours to Register! Don't Miss the Launch of the Competition Law Dictionary! 🚨 Time is running out! ⏳ Join us TODAY for the online event celebrating the release of the Competition Law Dictionary! 📖✨ 🗓 Date: Wednesday, 2nd of October ⏰ Time: 14:30 CEST 🔗 Register NOW: https://lnkd.in/eXwdnvBc 📖 Discover and order the Dictionary while you're at it: https://lnkd.in/eVPvg8YB This exclusive webinar will take a deep dive into the rapidly evolving global landscape of competition law, with a special focus on digital markets and the growing regulation of Big Tech. 🏛💻 Our incredible lineup of speakers—Bill Kovacic, Deborah Healey, Richard Whish, and Pablo Trevisán—will cover key topics, including: 🇪🇺 Digital Markets Act (DMA) in Europe 🇺🇸 Antitrust enforcement trends in the US 🌏 Perspectives from Australia and South America We’ll wrap up with a Comparative Panel Discussion and a live Q&A, giving you the chance to engage with the experts on the future of digital competition. 📌 Secure your spot NOW before it’s too late! https://lnkd.in/eXwdnvBc #competitionlawdictionary #concurrences #competitionlaw #antitrust #legalexperts #DMA #digitalmarkets #BigTech #regulation #lastchance #registernow

🚀Ensuring a Safer Digital Space: Overview of the Digital Services Act (DSA)🚀 💡In our latest article, our law firm's partner, Max Atallah, delves into the Digital Services Act (DSA). This regulation is designed to create a safer online environment for both consumers and businesses within the EU. 🔎Key Topics Covered in the Article: ✔️Content of the regulation ✔️Very large online platforms & search engines ✔️Practical implications of the regulation 📑For a better understanding of the DSA and how it might impact your business, we invite you to read the full article, link in the comments.🔗 - #Nordiclaw #Digitalservice #Lawfirm #DSA #EU #Regulation

In the age of digital asymmetries the need to protect the rights of consumers necessitates a modern and robust consumer law framework. This report is addressing the issue proposing "specific solutions and recommendations that could form the backbone of EU’s regulatory response".

Conference “Tools for Better Enforcement of EU Law in the Digital Space Conference” 🔊 #digINFlow Chair was represented during the conference held at Universität Osnabrück on enforcement of rights in the digital space organised by European Legal Studies Institute. 📃 Today Dr Igor B. Nestoruk, MJC presented a paper “Are State Consumer Agencies Fit for the Enforcement of Consumer Rights in Digital Environments: Case of Poland After the DSA” during the session on data protection and new means of enforcement. The panel was chaired by Sebastian Schwamberger. 🔍 In his presentation Dr Nestoruk has discussed the issue of proper design of public enforcement model within the implementation of the Digital Services Act (DSA) in the EU Member States. The proposal of the legislative act submitted in Poland, still being subject to the governmental legislative procedure, serves as an example of the challenges all Member States are facing while establishing the effective system of legal tools necessary to achieve the goal set by the European legislator: “setting out harmonised rules for … online environment that facilitates innovation and in which fundamental rights … are … protected” (Article 1 DSA).

In two related decisions, the UPC Munich Local Division has today held that a delay of over 6 months in the service of proceedings for the application for provisional measures by the Chinese authorities under the Hague Convention, and where an alternative method of service had been attempted unsuccessfully, justified the granting of an Order pursuant to Rule 275.2 RoP that the steps already taken by the Claimant to bring the applications to the attention of the Defendant constituted good service. Graham Burnett-Hall discusses the decisions and explains why it will be sensible for claimants who anticipate difficulties effecting service of proceedings on defendants through official channels, always to also attempt service by a permitted alternative method as well. The full case report can be read here on the #EPLAWPatentBlog #UPC #UPCNugget #Patent #Litigation https://lnkd.in/eY6CC7FX

💡 Take a look at our most recent publication on the implementation of the DMA in Belgium!