Cross-Border Challenges in the Implementation of Articles 15 and 17 of Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market by Member States

This article provides a thorough analysis of Directive (EU) 2019/790 regarding copyright in the Digital Single Market. It focuses on the practical implementation of this directive within the legal systems of EU member states. Key provisions are examined,particularly Articles 15 and 17, which address the rights of press publishers and the liability of online platforms regarding copyright and related rights. Despite a single regulatory framework, the implementation of these articles in national legislationis characterized by significant differences. These differences lead to fragmentation in law enforcement and create cross-border barriers to the functioning of digital services.The paper provides a detailed analysis of how Member States introduce additional requirements beyond those provided for in the Directive and the impact of this practice on the coherence of the EU legal space. It provides examples of countries where differences in protection duration, licensing mechanisms, technical requirements, and procedural safeguards have led to legal uncertainty and increased operating costs for international platforms. The paper emphasizes that such differences exacerbate regulatory asymmetry, complicating the achievement of the Digital Single Market’s strategic goal.The author argues that deeper harmonization of law enforcement practices is necessary for the effective functioning of the EU digital environment, particularly with respect to the cross-border application of Articles 15 and 17. The author proposes strengthening the European Commission's coordinating role, introducing unified methodological recommendations, and considering adopting secondary legislation capable of eliminating existing fragmentation. This approach maintains a balancebetween protecting intellectual property rights, user interests, and freedom of expression while strengthening the competitiveness of the European digital space.The author argues that deeper harmonization of law enforcement is needed for the EU digital environment to function effectively, particularly with regard to the cross-border application of Articles 15 and 17. The author proposes strengtheningthe role of the European Commission and introducing unified methodological approaches to ensure consistency in EU law.