Protecting personality rights on the Internet

16 Mar 2022


Part I. The specific nature of the personality rights protection process

  • The particular way in which liability for breach of personality rights is structured (breach, unlawfulness, culpability)
  • Protecting corporate personality rights
  • Handling cases of breach of personality rights in the media
  • Collating evidence independently and new rules on injunctions, and rules on disclosing/handover of evidence in court proceedings
  • Injunctive relief for claims in personality rights protection cases
  • Reporting breaches: Facebook/Instagram, Twitter, YouTube, Linkedin, Polish internet sites
  • The latest Polish and EU adjudications on protection of personality rights, including Jezior v. Poland (31955/11), CJEU
  • judgment of 3.10.2019 in case C-18/18, Supreme Court judgment of 30.09.2016 (I CSK 598/15)

Part II. Liability of a perpetrator and liability of an internet intermediary

  • Who is the internet intermediary under current laws (E-commerce Directive /Electronic Services Act, Regulation 2019/1150)
  • Special rules on liability of intermediaries – notice&takedown and notice&takeaction
  • The rule that a general monitoring requirement cannot be imposed, and the option of making filtering for specific content obligatory
  • Identifying a person directly responsible for a breach
  • Areas of changes in 2021 (Digital Services Act)

Part III. Protecting privacy and the right to be forgotten

  • The origin of the right to be forgotten – CJEU judgment in case C-131/12
  • Exercise of the right to erasure (art. 17 GDPR)
  • Differing approaches to protection of personal data and personality rights
  • Civil liability for breach of data protection laws
  • Exercise of the right to erasure in a civil case (legal precedent in Supreme Court judgment of 13.12.2018, I CSK 690/17)
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