INTERNET LAW TRENDS IN EUROPE: A CASE LAW PERSPECTIVE - 10.12818/P.0304-2340.2017vBIp305

Abstract

In the last few years the Court of Justice of the European Union and the European Court of Human Rights have issued many important decisions concerning Internet law. In particular, the case law has faced, among others, three fundamental aspects: conflicts of jurisdiction, personal data protection and Internet service providers’ liability. This paper aims at analyzing the main decisions, in the framework of the EU legislation, in order to verify whether the Courts are following a precise strategy in their case law. Within the decisions, that may have a broader scope, the relevant legal profiles are singled out in the context of such an assumption. The answer to the question (is there a strategy?) is positive. While the three aspects may be separately considered, their tight mutual connection shows how Europe is trying to taking on a leading role in Internet governance, counterbalancing the traditional power of the United States and of the big Internet companies (Google, Facebook, Microsoft) on one side, and affirming its values (data protection above all) on the other side.