The Directive will introduce changes including: a framework for mandatory notification of personal data breaches; reinforced protection against interception of users’ communications through the use of – for example – spyware and cookies stored on a user’s computer or other device; the possibility for any person negatively affected by spam, including ISPs, to bring effective legal proceedings against spammers; and substantially strengthened enforcement powers for national data protection authorities.

Legislation referred to: Directive 2002/58 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

The full press release is available here.

This article assesses the conflicts between the indirect copyright liability of internet service providers (ISPs) and other aspects of society, whether such conflicts are inevitable and how laws should be amended to achieve a proper balance between competing interests.

 The article examines the conflicts between ISP copyright liability and the privacy rights of internet users, public access to information and the development of technology. The author suggests that a dedicated copyright protection regime for the internet should be established, ensuring a better balance between the interests of copyright owners and other stakeholders.

(This article is published in full in the Computer and Telecommunications Law Review C.T.L.R. (2009) Vol.15 No.8 Pages 181-185)