Ode to the Digital Single Market: And the Google AdWords case plays a part

Abstract

Abstract This article discusses Art. 14 of the E-Commerce Directive 2000/31/EC (ECD) and critically examines the recent Opinion by AdvocateGeneral PoiaresMaduro in three joined cases against Google. AG Maduro suggests that Art. 14 ECD contains a “neutrality” requirement for the ISP as regards the information it stores. This view distorts Art. 14, making it a tool to shape the development of e-commerce and other internet services. Rather, Art. 14 must be understood in the context of the EU’s strategy to enhance European competitiveness and stimulate economic growth and investment. To that end, it seeks to overcome obstacles that make less attractive the exercise of internet services and e-commerce, obstacles such as divergences in national laws and legal uncertainty. The article is structured as follows. It starts with a general description of Art. 14 and 15 of the ECD as well as of the background to the Opinion (see II. and III. below). Thereafter, it discusses AGMaduro’s (mis)interpretation of Art. 14 and 15, including the practical implications (see III. below). Finally, it explains the role Art. 14 plays for the development of the Digital Single Market project (see IV.).