Protecting personality rights on the Internet

Program:

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)