Self-regulatory platforms?

The analysis of the prevailing end-user rights in light of the implementation of Article 17 CDSM Directive

Abstract

The implementation deadline of Directive 2019/790/EU (the CDSM Directive) has been passed by 7 June 2021. Many Member States of the European Union missed to comply with the transposition of the Directive, which, on the other hand, has posed obligations on others as well. Article 17 of the Directive obliged online content-sharing service providers (OCSSPs) to include certain provisions in their enduser license agreements, including the implementation of new limitations and exceptions and the establishment of an effective complaints and redress mechanism for the end-user who uploads content that has been removed. In the second phase of our EU-funded research we analysed whether and how certain, selected OCSSPs complied with the new EU obligations. Our empirical data show that besides limited developments on the field, brand new sources of conflicts have emerged.