The Implementation of Article 17 CDSMD in EU Member States and the Evolution of the Digital Services Act: Why the Ban on General Monitoring Obligations Must Not Be Underestimated

Article 17 of the Directive on Copyright in the Digital Single Market (‘CDSMD’) is an inexhaustible source for debate. Setting forth new obligations to prevent the appearance of illegal user uploads on online content-sharing platforms (Article 17(4)(b) and (c)), it has triggered a never-ending controversy on content filtering and potential overblocking. With national legislators in EU Member States trying to find the right implementation strategy at the domestic level and the European Commission working on a new architecture for internet service provider liability in the Digital Services Act (‘DSA’), the debate has reached a new peak.

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