Enforcing Put Backs in German and European Law

Sprenger T (2023)


Publication Type: Journal article

Publication year: 2023

Journal

Book Volume: 72

Pages Range: 933-938

Journal Issue: 10

DOI: 10.1093/grurint/ikad076

Abstract

While 'takedowns' are a familiar term in the liability and regulation of online platforms, the opposite act of reuploading legal content after an incorrect takedown, the so-called 'put back', does not receive the same amount of attention. This paper aims to provide an overview of different legal bases of put back claims against platforms in German and European law. Even though the procedural approach to platform governance with its internal complaint-handling systems is one way to mitigate incorrect decisions, the recourse to the courts also needs to be viable. The paper concludes on a positive note showing numerous existing legal bases of put backs, especially in contract law. Nevertheless, the safest way would be the implementation of an explicit legal base for put back claims, for which the paper offers a proposal for discussion.

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How to cite

APA:

Sprenger, T. (2023). Enforcing Put Backs in German and European Law. GRUR International, 72(10), 933-938. https://dx.doi.org/10.1093/grurint/ikad076

MLA:

Sprenger, Tim. "Enforcing Put Backs in German and European Law." GRUR International 72.10 (2023): 933-938.

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