EU Adopts New Rules Concerning File Sharing Rights

The European Parliament came forward on November 25 with a highly anticipated announcement saying that it approves the main measure for its telecoms package, which will also require legal rights for those accused of illegal file sharing, threatened with Internet disconnection.

The new law means that EU member states can legally disconnect a person from the Internet provided only that the decision complies with the principles of a democratic society and it is indeed the last solution to be applied. The cutting off decisions will require a certain procedure, which gives the person involved in the illegal file sharing case the chance to defend himself or herself, but also the right to privacy and the presumptions of innocence.

In countries like France where the “three strikes” model has been enforced and only allows a “fast track” defense system, the EU needs to test if the procedures comply with the new approved standards.

With regard to what the telecoms package the new standards require a centralized telecoms authority, which can easier mandate EU-wide regulation. Additionally it obliges to consent in the case of using cookies for storing confidential data and it also requires that carriers port cellphone numbers in 24 hours of one switch.

All EU member states will have to implement the new rules by May 24th, 2011.