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Derogations from the principle of supervision in the home Member State in respect of information society services and control over content by means of an algorithm

icon 28 July, 2026

The Court (Grand Chamber) defines the scope of derogations from the principle of supervision in the home Member State for information society services on grounds of public policy, security and safety, clarifying the distinction between general prohibitions and individualized measures directed at specific providers. It also provides important criteria regarding the liability of digital platforms, holding that control exercised by means of algorithms may preclude the application of the exemption from liability provided for data hosting services.

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Autor/s

Ángel García Vidal – Academic Counsel

Category

Analysis