Monica Iancu*
Mădălina Arcana**

The existing European Union rules on copyright have undergone a massive reshuffle with the adoption of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. More than 3 years after its adoption, the controversial Article 17 of Directive (EU) 2019/790 returns to the forefront following the rejection by the Court of Justice of the European Union of the action by which the Republic of Poland requested the partial annulment of its provisions.
In this context, this article aims to examine how Article 17 of Directive (EU) 2019/790 changed the old concepts and adjusted the liability regime laid down for online content-sharing service provider with regard to uploaded content that infringes copyright and, in the light of the Court’s judgment, the extent to which this regime can be implemented without prejudice to users' rights to freedom of expression and information.

* Avocat Baroul Bucureşti; E-mail: miancu@bondoc-asociaţii.ro.
** Avocat Baroul Bucureşti; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..