November 28
2021
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Trajan Shipley
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15th July 2021
Data, Tech & IP Human Rights

AG Saugmandsgaard Øe: Article 17 of Directive 2019/790 is compatible with the freedom of expression

In his Opinion in Grand Chamber case Poland v Parliament (C-401/19), Advocate General Saugmandsgaard Øe has advised the Court to rule that Article 17 of the Directive on copyright and related rights in the Digital Single Market (2019/790) is compatible with the freedom of expression and information guaranteed by Article 11 of the Charter.

Article 17 requires online service sharing providers to introduce preventive control mechanisms in order to be exempted from direct liability when protected works are illegally uploaded by users of their services. Poland challenged the provision insofar as it infringes the freedom of expression and information enshrined in Article 11 of the Charter.

According to Advocate General Saugmandsg

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