In 2016, the Commission published its guiding principles on stakeholders’ voluntary agreement on online advertising and intellectual property rights (IPR) (1) . The guiding principles included important and innovative yardsticks that would be essential to measure the effectiveness and proportionality of the agreement.

1. In Point 6 of its guiding principles, the Commission set out that it would work on the ‘key performance indicators (KPIs) established by the agreement that will allow for the objective measuring and reporting of the agreement’. What KPIs were drawn up, and have they been published and met?

2. In its Point 7, it sets out that the agreement would ensure appropriate and proportionate balance between the various fundamental rights at stake. Has such a balance been demonstrated through a compliance process?

3. In its Point 8, it sets out that the agreement would establish ‘a verification and compliance process by a recognised and independent third party’. Has such a process been created?