The relationship between personal data protection and intellectual property rights in the case law of the court of justice of the europern union

摘要

From the mentioned case law it emerges, first of all, that the right to privacy is considered a fundamental right within the EU legal order. This has important implications in terms of its interpretation by the CJ and also by national courts when applying the Data Protection Directive. Secondly, despite the efforts made by AG Kokott and AG Jaaskinen in the Promusicae and Bonnier Audio cases respectively, the CJ has clarified that, at the current evolution and state of EU law, personal data and IP rights must be equally protected.