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Raúl Ferrer
Raúl Ferrer
16th September 2019
Consumer, Health & Environment Data, Tech & IP Human Rights Internal Market

Analysis: “Extraterritoriality and Technology Part II. The Facebook Judgment and the Issue of Coherence with the Google Judgment” by Daniel Sarmiento

Yesterday, in the case of Glawischnig-Piesczek, the Court of Justice ruled that the e-commerce Directive does not preclude Member States from ordering a host provider to remove unlawful information which it stores, as well as identical information of the kind. This is a heavy burden that will fall on online service providers, particularly information or social platforms. The case concerned defamatory information in Facebook targeted against Ms. Glawischnig-Piesczek, an Austrian politician. She successfully challenged in Austrian courts Facebook’s reluctance to remove equivalent contents, until Facebook appealed the decision relying on the e-commerce Directive. This appeal resulted in a preliminary reference to the Luxembourg court, which


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