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View Commission's Position on Recital 39a

EU Commission's Position

As adopted 14th September, 2016

Recital 39a

N/A

Recital 39a doesn't feature in the Commission's proposal.

View Council's Position on Recital 39a

EU Council's Position

As adopted 25th May, 2018

Recital 39a

Moved up in (38ca)

Moved up in (38ca)

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 39a

Recital 39a

N/A

Recital 39a doesn't feature in the Commission's proposal.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 39a

Recital 39a

Moved up in (38ca)

Moved up in (38ca)

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Recital 39a (new)

Complaints and redress mechanisms

Members States should ensure that online content sharing service providers referred to in paragraph 1 put in place effective and expeditious complaints and redress mechanisms that are available to users in case the cooperation referred to in paragraph 2a leads to unjustified removals of their content.

Any complaint filed under such mechanisms should be processed without undue delay. Right holders should reasonably justify their decisions to avoid arbitrary dismissal of complaints.

Moreover, in accordance with Directive 95/46/EC, Directive 2002/58/EC and the General Data Protection Regulation, the cooperation should not lead to any identification of individual users nor the processing of their personal data.

Member States should also ensure that users have access to an independent body for the resolution of disputes as well as to a court or another relevant judicial authority to assert the use of an exception or limitation to copyright rules.

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