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See detailA risk-based approach towards infringement prevention on the internet: adopting the anti-money laundering framework to online platforms
Ullrich, Carsten UL

in International Journal of Law and Information Technology (2018)

This article suggests a new approach towards online service provider liability which relies on duty of care. It proposes a concrete compliance framework for online platforms, borrowed from risk regulation ... [more ▼]

This article suggests a new approach towards online service provider liability which relies on duty of care. It proposes a concrete compliance framework for online platforms, borrowed from risk regulation, and modelled on anti-money laundering (AML) obligations in the financial sector. First, the prohibition on obliging platforms to monitor content in a general manner under the E-Commerce Directive will be discussed. On the face of it this may clash with a standardized requirement to filter for infringing content. Subsequently, the regulatory choice for such a duty of care standard will be explored. It is argued that the largely self-regulatory proposals currently on the table may be ill fitted to achieve traction and accountability. Finally, a three-tier compliance framework, modelled on the AML system and using a risk-based approach, is proposed. The pitfalls of such a highly automated compliance solution, which enforces complex legal norms, will also be touched on. [less ▲]

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See detailA risk-based approach towards infringement prevention on the internet
Ullrich, Carsten UL

Presentation (2018, April 25)

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See detailPreventing Infringements on E-Commerce Marketplaces: proposal of a risk-based approach towards intermediary liablity
Ullrich, Carsten UL

Conference given outside the academic context (2018)

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See detailDéjà vu Davidoff - The German Federal Court of Justice (FCJ) has asked the Court of Justice of the European Union (CJEU) for guidance on the role and responsibilities of fulfilment service providers in trademark protection
Ullrich, Carsten UL

in Journal of Intellectual Property Law and Practice (2018)

The German Federal Court of Justice (FCJ) has asked the Court of Justice of the European Union (CJEU) for guidance on the role and responsibilities of fulfilment service providers in trademark protection.

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See detailProperty and the Cloud
Bartolini, Cesare UL; Santos, Cristiana; Ullrich, Carsten UL

in Computer Law & Security Report (2018)

Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and ... [more ▼]

Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large data warehouses, where the hardware architectures and software programs running the cloud services coexist with the data of many users. This context calls for a twofold protection: on one side, the cloud is made up of hardware and software that constitute the business assets of the service provider (property of the cloud); on the other side, there is a definite need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles. [less ▲]

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See detailStandards for duty of care? Debating intermediary liability from a sectoral perspective
Ullrich, Carsten UL

in Journal of Intellectual Property, Information Technology and Electronic Commerce Law (2017), 8(2),

The EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the Ecommerce Directive (ECD). Already in those days, during the run-up to the ECD, there ... [more ▼]

The EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the Ecommerce Directive (ECD). Already in those days, during the run-up to the ECD, there was an intense debate regarding whether a light-touch approach or more stringent content liability regime for intermediaries would be the appropriate way forward. 20 years later the debate is essentially led from the same angle, but has predictably, increased in complexity as the internet makes massive strides in transforming the “offline” world. There are those who argue that a purely horizontal approach in regulating internet intermediaries, or online platforms, remains sufficient. Others think the time has come to reflect the disruptive entrances online platforms made in various sectors of society in more vertical changes affecting substantive law. The EU Commission sits on the fence it seems, however. In its communication on online platforms and the digital single market, the Commission announced last year that it would leave the current intermediary liability regime as it is for now “while implementing a sectoral, problem-driven approach to regulation". This paper will map out and critically evaluate some current sectoral (read vertical) regulatory developments, which may affect intermediary liability. It will look at recent, more top-down approaches proposed by the EU (e.g. in copyright), as well as self-regulatory efforts. This will be compared to less publicized developments, which have notably taken place in the area of product and financial regulation affecting ecommerce, such as for example efforts to combat the sale of fake medicines, unsafe products online, or anti-money laundering compliance. In these areas, it is argued that regulatory authorities have more proactively engaged online platforms, both on a legislative and practical level. A special focus in this context will be on the role of reasonable duties of care which intermediaries may be required to apply in order to detect and prevent infringements. Could these more “grassroots” developments and the convergence of online and offline worlds provide blueprints to encourage the development of a new content liability framework based on sectoral duties of care? [less ▲]

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See detailDebating intermediary liability from a sectoral perspective
Ullrich, Carsten UL

Presentation (2017, April 20)

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