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- The debate surrounding the EU Copyright Directive is not over, despite its adoption, and many uncertainties remain. However, among others, the Directive has uncovered a very important intermediary liability debate.
- It is up to the member states to mitigate some of the most critically viewed elements of the Directive (i.e. overblocking due to upload filters) by making use of the flexibility they have in implementing it. However, this will be challenging given that the member states have significant leeway in adapting the rules to their respective jurisdictions.
- The application of proportionality and the respect of exceptions to liability rules will play a crucial role in the successful implementation of the Directive.