The Directive still has to be approved by Member States

This week the EU adopted the legislation, which will change the internet as we know it. But all is not lost. First, the Directive on copyright in the Digital Single Market must be approved by the Council, where the votes of the representatives are weighted according to the population of the member states (the bigger the population of a member state, the more the vote counts). There is still a theoretical chance for a major state to reject the Directive.

Some place their hopes with Germany, where the political party CDU, ironically the same political party that rapporteur of the European Parliament Axel Voss belongs to, has already announced that it will strive for Germany not to implement upload filters. However, this seems unlikely and additionally complicated due to some alleged political plots.

Slovenia did not give approval to the Directive in February. Should the directive pass in the Council, it will have to be implemented into Slovenian legislation by spring 2021. This means that the Slovene Copyright and Related Rights Act will have to be amended and supplemented according to the regulation set forth in the Directive. The provisions of the Directive allow for some manoeuvring space, which can yet be utilized not only to benefit rightsholders and tech companies but to also consider the interests of creators and internet users.

According to EFF, the most problematic articles could also come under the scrutiny of the CJEU. The problematic Article 13 (now 17) must comply with previous provisions of the E-Commerce Directive, which prohibits proactive prior content control, also through general content filtering, as already established by Court of Justice of the EU.

© EFF (Electronic Frontier Foundation)

© EFF (Electronic Frontier Foundation)