Providers’ Liabilities in the New EU Data Protection Regulation: A threat to internet freedoms?

Abstract

In this paper I shall consider certain aspects of the Proposal for a Data Protection Regulation recently advanced by the EU Commission, which is meant to substitute the existing Data Protection Directive as well as the national laws implementing it. In particular I shall examine how the Regulation addresses host providers’ liabilities and duties with regard to user-generated content. For this purpose, I shall first highlight some developments in web and cloud services, then I shall consider how web hosting is currently regulated, and finally I shall critically assess the novelties brought about by the Regulation.