The Slovakian parliament has adopted legislation which aims to implement the DSM directive. The amending bill came into force on 25 March 2022.
Act no. 71/2022 Coll.
The implementation act has been passed by the parliament on the 16th february and came into force on 25 March.
Amendments to existing law
The amendment represents the complex implementation of the DSM Directive.
Newly implemented in articles 49a, 51a and 51b of the Slovak Copyright Act. The text of the implementation closely resembles the text in articles 3 and 4 of the DSM.
Implemented in articles 129a and following in the Slovak Copyright Act.
Implemented in article 64a and following of the Slovak Copyright Act. The provisions provide for a special liability regime for online content sharing service providers, where illegitimate content is used, if they cumulatively meet the conditions set out in the act. This is strict liability with the establishment of liberalisation grounds - a standard regime and two lighter regimes for a defined group of online content sharing service providers (based on the principle of proportionality).
Implemented in article 69 of the Slovak copyright Act. A one-off lump sum payment may also constitute reasonable remuneration according to the act, but should not be the rule. The provision does not affect the granting of royalty-free licences and public licences.
Implemented throughout multiple articles of the Slovak Copyright Act. The information obligation applies to so-called revenue licences as it did before, but with the deletion of the possibility to agree otherwise. The provision does not affect the granting of royalty-free licences, public licences and licences granted by collective management organisations.