ORCID
Camilla Signoretta - 0009-0009-4799-3787
Keywords
digital platform regulation, consumer protection, intermediary liability, copyright enforcement, portability
Abstract
Portability is a multifaceted concept, standing in between data law, digital consumer law and platform regulation. Considering their different rationale, portability rules can be found in the General Data Protection Regulation (GDPR), the Digital Content Directive (DCD), the Portability Regulation (PR), and the Digital Markets Act (DMA). Throughout the years, portability evolved from a prerogative of data subjects into a content regulatory tool. Therefore, its interplay with intellectual property law became progressively more complicated. Importantly, some portability provisions have been enacted in the form of obligations to be implemented by digital platforms. In this light, the intersection between digital platform regulation and portability may raise concerns. In particular, the relationship between portability and Article 17 of the Copyright Digital Single Market Directive (CDSMD) deserves particular attention. The high liability threshold set therein, and the structural deficiencies of this provision, risk pushing providers towards hyper-deterrent strategies to avoid liability, with the collateral risk of under-implementing portability duties.
Acknowledgements
Funding
This article received no funding The cost of editing selected articles published in the Yearbook of Antitrust and Regulatory Studies in the 2022–2024 is covered by funding under the program “Development of scientific journals” of the Ministry of Education and Science under agreement No. RCN/SN/0324/2021/1. Task title: “Verification and correction of scientific articles and their abstracts”. Funding value: 36 298,00 PLN; The task consists of professional editing of articles published in English.
Declaration of Conflict of interests
The author declared no potential conflicts of interest with respect to the research, authorship, and publication of this article.
Declaration about the scope of AI utilisation
The author did not use AI tools in the preparation of this article.
Recommended Citation
Signoretta, C. (2024). Searching for Coordination between the EU Copyright Enforcement System and Content Portability: An Underestimated Challenge?. Yearbook of Antitrust and Regulatory Studies, 17(29), 175-207. https://doi.org/10.7172/1689-9024.YARS.2024.17.29.6
First Page
175
Last Page
207
Page Count
33
DOI
10.7172/1689-9024.YARS.2024.17.29.6
JEL Code
K12, K21, K29
Publisher
University of Warsaw
