CJEU Rejects Poland’s Challenge to Preventive Upload Filtering to Combat Copyright Infringement on Online Platforms (Case C-401/19)

In its ruling in C-401/19, the Court of Justice of the European Union confirms the validity of Article 17 of the 2019 Directive on copyright and related rights in the Digital Single Market, which establishes a new, specific liability regime for platforms which qualify as online contentsharing service providers. However, the Court underlines that the implementation of Article 17 must be in strict compliance with fundamental rights. In particular, filtering of user uploads must be limited to the extent necessary to protect copyright rightsholders, and substantive and procedural user safeguards must be implemented