National developments of the EU Digital Single Market

NEMO wants to share an update of recent steps made by EU Members States in the process of implementing the Directive on Copyright in the Digital Single Market (DCDSM) at national level.

Considering the vast amount of copyrighted material that museums hold, the DCDSM will heavily influence the digital activities and developments of museums. Therefore, NEMO is closely monitoring the developments at national level and the general status at European level. Along NEMO’s updates, inDICEs – Measuring the Impact of Digital Culture is an excellent source of information to consult to learn how to best handle digital collections. 

As of end of October 2021, national developments of the DCDSM included: 

  • Croatia: DCDSM transposition entered into force on 22 October
  • France: The French Culture Ministry grants itself the power to designate platforms under the Article 17 DCDSM regime by creating room for manoeuvre to set thresholds to determine when OCSSPs are considered to provide access to “large amounts of copyrighted works” (based either on the platform’s audience size or the amount of content uploaded by users) 
  • Italy: The Italian Parliament’s DCDSM examination is coming to an end as relevant Committees in both the Senate and the Chamber finalised their Opinions on the text.
  • Luxembourg: The Luxembourg Council of State issued its Opinion on the government’s DCDSM implementation proposal, putting forward mainly legalistic comments.
  • Finland: The Finnish Government's transposition proposal, currently under consultation until 31 October, is to be presented to Parliament mid-December (week of 13 December).
  • Spain: The Spanish Government is trying to push through the DCDSM implementation by Royal Decree under an urgency procedure (bypassing Parliamentary scrutiny). Our understanding is that there is a 30-day period during which a Royal Decree must be ratified by the Parliament, which could offer a small window of opportunity to push back against a bad implementation.
  • (EDRi’s Austrian member),  the Society for Freedom Rights (GFF), Wikimedia, Communia, Creative Commons Austria and the Cultural Broadcasting Archive, filed a joint submission in response to the public consultation which closed on 13 October.
  • Portugal: The Portuguese government shifted its approach: it no longer seeks legislative authorization from the Parliament to pass the legislation through the Council of Ministers: instead the proposal is being treated as a ‘regular’ legislative proposal by the Parliament. The Parliamentary examination of the proposal started, with an initial joint opinion on the DCDSM and SatCab Directive and recent Plenary debate. A procedural vote on the file, scheduled for 22 October, will send it back to the Culture and Communication Committee for further in-depth examination ahead of a final Plenary vote.