European Court confirms: Strict safeguards essential for data retention
Tue 19 Jul 2016, 15:20

Today, on 19 July 2016, the Advocate General Henrik Saugmandsgaard Øe of the Court of Justice of the European Union issued an Opinion on a case Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) that deals with data retention obligations that were imposed by law on a Swedish telecom provider.

The Court was asked a set of questions related to the respect of European Union law, in the context of the data retention laws in Sweden and the UK. In the Opinion issued today, the AG re-stated principles that were previously established in the Digital Rights Ireland case. He also provided extensive further analysis of the legal context that national courts need to consider when they “rigorously verify that no other measure or combination of measures” can be as effective as the national data retention regime being proposed.

European Court Opinion: Canada PNR deal cannot be signed
Thu 8 Sep 2016, 13:00

On 8 September 2016, the Advocate General of the Court of Justice of the European Union gave his Opinion confirming that the agreement between EU and Canada to share Passenger Name Records data is not fully in compliance with European law. The EU-Canada agreement is the least restrictive PNR agreement that the EU has so far adopted.

TV viewing in hotel rooms doesn’t need copyright licence fee
Wed 26 Oct 2016, 15:20

CJEU advocate general says TV is an essential part of a hotel's activity.

CJEU says that site like The Pirate Bay makes acts of communication to the public
Wed 14 Jun 2017, 12:00
Is there a communication to the public within the meaning of Article 3(1) of the InfoSoc Directive by the operator of a website, if no protected works are available on that website, but there is a system therein by means of which metadata on protected works is indexed and categorised for users, so that these can trace and upload and download the protected works? Does Article 8(3) of the InfoSoc Directive allow the issuing of an injunction against an ISP ordering it to block access for its users to an indexing site like The Pirate Bay?

These were the important questions that the Dutch Supreme Court (Hoge Raad der Nederlanden) had referred to the Court of Justice of the European Union (CJEU) in Stichting Brein v Ziggo, C-610/15 (also known as The Pirate Bay case). In his Opinion in February last Advocate General (AG) Szpunar answered both questions in the affirmative.