eBooks | News Story

(i)SDL Insight: Digital Lending Pathways in Italy, Poland, and Spain

7 July 2025

Introduction

Digital transformation has significantly reshaped how libraries provide access to knowledge and cultural resources. Within this evolving landscape, (independent) Secure Digital Lending (i)SDLhas emerged as a high-potential model, allowing libraries to digitise and lend physical works under secure conditions and thus extending their public mission into the digital realm.

The (i)SDL Insight project aimed to map the current state of iSDL implementation in Italy, Poland, and Spain, examining the legal, technological, and operational barriers that constrain its adoption and exploring future development opportunities. Explore the full report and individual country studies.

In this context, the Judgment of the Court of Justice of the European Union (CJEU) of 10 November 2016, C-174/15 on e-lending by libraries in the EU is a turning point. The Court ruled that digital lending can fall under the public lending exception in EU law, provided it follows a “one copy, one user” model, aligning with the EU Rental and Lending Directive (2006/115/EC).

According to the decision, for e-lending to be lawful, libraries must hold a legitimate digital copy. The Court did not address whether libraries can digitise their books under EU exceptions, though the Advocate General supported this possibility. Yet a failure to update national law in response, and more traditionalist practices in general, have hinderedwidespread adoption of e-lending across the EU.

The concept and features of (i)SDL have been further elaborated in the report eBooks and Secure Digital Lending in European Libraries, published by Knowledge Rights 21. According to this report, e-lending within the (i)SDL framework is characterised by several key features.

First, loans must be carried out by clearly defined institutions, such as libraries, that are open to the public and do not derive any direct or indirect economic or commercial advantage from lending activities. Second, the lending itself involves a digital copy of a book, and this is provided under the “one copy, one user” principle, ensuring that each digital loan mirrors the limitations of physical lending.

Moreover, the lending process can take place in two different ways: a mimetic approach, where users are able to download an electronic copy, or a quasi-mimetic approach, where users access the work through streaming. Importantly, lending is always for a limited period, after which the user can no longer access the e-book.

Another critical feature is that libraries must hold a digital copy from a lawful source, although they are permitted to digitise a legally acquired print copy for this purpose. Under this model, e-lending also generates a right to remuneration (Public Lending Right, PLR) in accordance with the EU Rental and Lending Directive. Finally, the model ensures that no data, including personal data of library users, is transferred to publishers or third parties, protecting user privacy and institutional independence.

(i)SDL is designed to balance the rights of authors and publishers with the fundamental public mission of libraries. By creating a secure, legal, and technologically robust environment for digital lending, (i)SDL has the potential to transform library services and ensure that they remain inclusive and relevant.

This could be transformational when it comes to rare and specialist works, but more generally provides a form of back-stop – a means for libraries to lend electronically if there is no (better suited) offer from publishers or other vendors, and so offers a basis for further negotiation.

Methodology

The research involved the dissemination of a detailed questionnaire targeting libraries in Italy, Poland and Spain. The survey was structured into eight sections covering library profiles, digital lending practices, legal barriers, technological and infrastructure challenges, risks of opposition, human resources, financial barriers, and other contextual factors. Data collection was conducted between February and March 2025, with the questionnaire adapted and translated to national contexts by project partners:

Italy: DDA Law Firm, CLAKP (Copyright Law and Access to Knowledge Policies Group) of the IGSG (Institute of Legal Informatics and Judicial Systems)/CNR (National Research Council), the “Dario Nobili” Library of the Research Area of the National Research Council (CNR), the Library and Scientific Documentation Center of the CNR Research Area in Pisa for Italy
Poland: Centrum Cyfrowe
Spain: FESABID

Findings

Legal Barriers

The survey revealed pervasive legal uncertainty as a primary barrier to (i)SDL implementation. Ambiguity regarding national copyright frameworks, combined with the absence of clear legislative authorisation, fosters institutional hesitation, inhibiting innovative digital lending models.

Technological and Infrastructure Barriers

Across all three countries, respondents highlighted:

Lack of digitisation equipment and technical protection systems (e.g. DRM)
Absence of robust archiving infrastructures
Insufficient staff training and technical know-how

Financial Barriers

Funding emerged as a relevant obstacle for implementing (i)SDL. Digitisation tools and DRM systems were often considered unaffordable, underscoring the need for dedicated investment programmes to support digital lending initiatives.

Human Resources

The majority of libraries reported limited or no access to legal and technological expertise. Training in both domains is perceived as urgently needed, with over 70% of respondents across countries expressing strong interest in capacity-building opportunities.

Perceived Risks

While internal opposition was rarely explicit, the survey uncovered widespread uncertainty regarding potential legal challenges from publishers and technological feasibility. Libraries expressed concerns about publisher reactions, though responses indicated that hesitancy stems more from a lack of knowledge than overt resistance.

Future Outlook

Despite current limitations, libraries in all three countries view (i)SDL as an opportunity to enhance inclusivity, preserve cultural heritage, and adapt to users’ evolving needs. Many respondents emphasised the risk of digital exclusion if (i)SDL services remain unavailable, particularly for users unable to physically access library collections.

Discussion

The findings highlight the interconnectedness of legal clarity, technological infrastructure, funding, and trainingin enabling (i)SDL adoption. The absence of any one element undermines the feasibility of secure digital lending, limiting libraries’ ability to fulfil their public mission in the digital environment. For example, a move to offer a clearer authorisation in national law could well trigger investment and change that would help address the other barriers.

Conclusion

The (i)SDL project demonstrates that while European libraries share a strong aspiration to implement secure digital lending, systemic barriers persist. To unlock the full potential of (i)SDL, coordinated efforts are required at national and international levels, including:

Establishment of clear legislative frameworks for (i)SDL
Targeted funding schemes for infrastructure and training
Development of collaborative technical infrastructures
Implementation of capacity-building programmes to equip library staff with the necessary skills

Future Research

The project recommends further investigation into:

Longitudinal tracking of (i)SDL adoption to monitor trends and policy impacts
Expansion of comparative surveys to other EU Member States
Detailed assessments of staff skills gaps to inform training design
Technical studies on system integration and interoperability
Social impact analyses to support inclusive digital policy development

Acknowledgements

The project team extends its gratitude to all participating libraries and partner organisations for their commitment to advancing digital lending as an essential dimension of library services in the digital age.

The publication is issued as part of the Knowledge Rights 21 project, funded by Arcadia – a family charitable foundation, through the Knowledge Rights 21 (KR21) programme managed by IFLA, in partnership with LIBER and SPARC Europe.