Yago M.-Abascal
yagoabascal.bsky.social
Yago M.-Abascal
@yagoabascal.bsky.social
Law, technology, politics... I do not subscribe to or endorse anything I ♡, link or repost. Legal Counsel at Google.
Me acabo de enterar. ¡Enhorabuena!
September 17, 2025 at 11:12 PM
The bill wasn't notified to the EC, as required by Directive 2015/1535. Also, I think the obligation to channel rectification requests cannot be imposed on providers established in other Member States due to the ECD's country of origin principle, as interpreted by the CJEU in C-376/22 or C-662/22.
February 6, 2025 at 8:57 PM
The new obligation for online platforms would be to put a mechanism for the "referral" of the rectification requests directed to users of special relevance and the "monitoring" of the process.
February 6, 2025 at 8:57 PM
It allows for an alternative version of the facts to be disseminated as a "reply". In the event this right is denied by the publisher, a lawsuit can be filed and, ultimately, a judge can order the publication of the counter-narrative, but is not empowered to adjudicate the accuracy of either version
February 6, 2025 at 8:57 PM
The main change in the bill is that it extends the right of rectification beyond traditional media outlets to include "users of special relevance of online platforms and equivalent services". Note this right does not serve to verify the accuracy of certain statements.
February 6, 2025 at 8:57 PM
@gateklons.bsky.social I've just come across this discussion on the Spanish bill to update the law on rectification, which allows individuals to reply to published information that (i) refers to them and (ii) they believe is inaccurate and potentially harmful.
February 6, 2025 at 8:57 PM
I think it's a balanced and sophisticated opinion. Reconciling the ECD with the GDPR is not easy. The AG and the EC have openly challenged some of the referring court's assumptions, regarding the categorization of an intermediary as a data controller, rather than just a processor, concerning UGC.
February 6, 2025 at 3:13 PM
AG Spuznar's opinion in Russmedia Digital is out and appears balanced curia.europa.eu/jcms/upload/...
curia.europa.eu
February 6, 2025 at 9:57 AM
Does the platform have an ongoing obligation to conduct comprehensive and perpetual due diligence on linked websites? Should the platform have to do a general fact-finding assessment over third party websites perpetually?
January 23, 2025 at 3:03 PM