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EU Internet Law

Andrej Savin

This comprehensive book provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. This thoroughly revised second edition includes latest developments in the case law of the Court of Justice. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new directions in internet regulation resulting from the Commission’s 2015 strategy document.
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Table of secondary legislation

Andrej Savin

.eu Doman Name Regulation Regulation (EC) 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the.eu Top Level Domain [2002] OJ L113/1, 30 April 2002 216

Access Directive Directive 2002/19/EC of 7 March 2002 of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities [2002] OJ L108/7, 24 April 2002 31–32

Alternative Dispute Resolution Directive (ADR Directive) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC [2013] OJ L165/63, 18 June 2013 107–108, 262

Attacks Against Information Systems Directive Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems [2013] OJ L218/8, 14 August 2013 342

Audiovisual Media Services Directive (AVMSD) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (codified version) [2010] OJ L95/1, 15 April 2010 29, 47, 122–126

Authorization Directive Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorization of electronic communications networks and services [2002] OJ L108/21, 24 April 2002 31

Brussels I Regulation Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [2001] OJ L012/1, 16 January 2001 76, 90

Brussels I Regulation (Recast) Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [2012] OJ L351/1, 20 December 2012 54, 75–77, 84, 88, 90–95, 101, 122, 130, 163, 167, 233, 239, 256, 261

Child Pornography Directive Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA [2011] OJ L26/1, 17 December 2011 118, 138, 352–353

Collective Management of Copyright Directive Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market [2014] OJ L84/72, 20 March 2014 216–218

Conditional Access Directive Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access [1998] OJ L320/54, 28 November 1998 196

Connected Continent Regulation Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open Internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) 531/2012 on roaming on public mobile communications networks within the Union [2015] OJ L310/1, 26 November 2015 32–35

Consumer Injunctions Directive Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests (codified version) [2009] OJ L110/30, 1 May 2009 108–109, 260–262

Consumer Rights Directive (CRD Directive) Directive 2011/83/EC of 25 October 2011 of the European Parliament and of the Council on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council [2011] OJ L304/64, 22 November 2011 61–62, 230–234

Copyright Directive (InfoSoc Directive) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society [2001] OJ L167/10, 22 June 2001 133, 153, 164, 175–200

Copyright Term Directive Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights [2011] OJ L265/1, 11 October 2011 177

Cybersecurity Directive (Also known as ‘NIS Directive’) Directive 2016/1148/EU of the European Parliament and of the Council concerning measures for a high common level of security of Network and Information Systems across the Union [2016] OJ C218/1, 16 June 2016 347–349

Data Protection Directive Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [1995] OJ L281/31, 23 November 1995 268, 269–282, 304

Data Retention Directive Directive 2006/24/EC of 15 March 2006 of the European Parliament and of the Council on the retention of data generated or processed in communication with the provision of publicly available electronic communications services or of public communication networks and amending Directive 2002/58/EC [2006] OJ L105/54, 13 April 2006 165, 296–299

Database Directive Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases [1996] OJ L77/20, 27 March 1996 175, 177, 210–211

Design Regulation Council Regulation (EC) 6/2002 of 12 December 2001 on Community Designs [2001] OJ L3/1, 12 December 2001 82

Distance Marketing of Consumer Financial Services Directive Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services, amending Directives 97/7/EC and 98/27/EC [2002] OJ L271/16, 9 October 2002 239–241, 248

Distance Selling Directive Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts [1997] OJ L144/19, 4 June 1997 52, 230, 239, 248, 253

Doorstep Selling Directive Council Directive 85/577/EEC of 20 December to protect the consumer in respect of contracts negotiated away from business premises [1985] OJ L372/31, 31 December 1985 230

Electronic Commerce Directive Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market [2000] OJ L178/1, 17 July 2000 15, 38–60, 40, 43, 59, 104, 151–163, 186, 253, 341, 354

E-Identification and Trust Regulation (eIDAS Regulation) Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [2014] OJ L257/73, 28 August 2014 310

E-Money Directive Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions, amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC [2009] OJ L267/7, 10 October 2009 53, 321–325

E-Privacy Directive (Directive on Privacy and Electronic Communications) Directive 2002/58/EC of 12 July 2002 of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector [2002] OJ L201/37, 31 July 2002, amended by Directive 2009/136/EC [2009] OJ L337/11, 18 November 2009 265, 280, 299–306

E-Signatures Directive Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures [2000] OJ L13/12, 19 January 2000 310

First Amending Directive (Telecoms) Directive 2009/136/EC of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws [2009] OJ L337/11, 18 December 2009 31, 268

Framework Directive Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services [2002] OJ L108/33, 24 April 2002 29–32, 35, 69, 296

General Data Protection Regulation (GDPR) Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [2016] OJ L119/1, 4 May 2016 282–292

Human Trafficking Directive Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA [2011] OJ L101/1, 15 April 2011 138, 350

Intellectual Property Rights Enforcement Directive (IPRE Directive) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights [2004] OJ L195/16, 2 June 2004 133, 164, 200–208

Mediation Directive Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters [2008] OJ L136/3, 24 May 2008 108, 262

Misleading Advertising Directive Directive 2006/114 of the European Parliament and of the Council of 12 December 2006 on misleading and comparative advertising [2006] OJ L376/21, 27 December 2006 246–248

Online Dispute Resolution Regulation Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC [2013] OJ L165/1, 18 June 2013 109, 262

Orphan Works Directive Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works [2012] OJ L299/5, 27 October 2012 218–219

Payment Services Directive (2) Directive 2015/2366/EU of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) 1093/2010, and repealing Directive 2007/64/EC [2015] OJ L337/35, 23 December 2015 241, 242–244, 322–327

Police and Criminal Justice Authorities Directive Directive 2016/680/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA [2016] OJ L119/89, 4 May 2016 268, 288

Rental and Lending Rights Directive (original version) Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property [1992] OJ L346/61, 27 November 1992 175

Rental and Lending Rights Directive (codified) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) [2006] OJ L376/28, 27 December 2006 177

Rome I Regulation Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [2008] OJ L177/6, 4 July 2008 75, 79, 93–96, 108, 239, 260–261

Rome II Regulation Regulation (EC) 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations [2007] OJ L199/40, 31 July 2007 74–75, 93, 96–99, 130

Sales and Guarantees Directive Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees [1999] OJ L171/12, 7 July 1999 65

Satellite and Cable Broadcasting Directive Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission [1993] OJ L248/15, 6 October 1993 177

Second Amending Directive (Telecoms) Directive 2009/140/EC of 25 November 2009 amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services, Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and Directive 2002/20/EC on the authorization of electronic communications networks and services [2009] OJ L337/37, 18 December 2009 31, 34

Services Directive Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market [2006] OJ L376/36, 27 December 2006 220, 231, 237

Software Directive (original version) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs [1991] OJ L122/42, 17 May 1991 175, 201, 211

Software Directive (codified) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (codified version) [2009] OJ L111/16, 5 May 2009 177, 201, 211–213

Technical Standards Directive Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on information society services [1998] OJ L204/37, 21 July 1998 46, 152

Telecommunications Privacy Directive (ISDN Directive) Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector [1997] OJ L24/1, 15 December 1997 253, 305

Trademark Directive Directive 2015/2436/EU of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks [2015] OJ L336/1, 23 December 2015 213–216

Trademark Regulation Regulation (EU) 2424/2015 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) 207/2009 on the Community trademark and Commission Regulation (EC) 2868/95 implementing Council Regulation (EC) 40/94 on the Community trademark, and repealing Commission Regulation (EC) 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) [2015] OJ L341/21, 24 December 2015 213–216

Trade Secrets Directive Directive 2016/943/EU of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure [2016] OJ L157/1, 15 June 2016 270

Unfair Commercial Practices Directive (UCP Directive) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directive 97/7/EC, Directive 98/27/EC and Directive 2002/65/EC of the European Parliament and of the Council and Regulation (EC) 2006/2004 of the European Parliament and of the Council [2005] OJ L149/22, 11 June 2005 44, 231, 247–251

Unfair Terms in Consumer Contracts Directive Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts [1993] OJ L95/29, 21 April 1993 91, 106–107, 230, 234–237, 255

Universal Service Directive Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services [2002] OJ L108/51, 24 April 2002 35