Articles
Beardwood, John / Bowman, Mark, Using a Hammer to Crack a Nut: Troubling Global Trend Reflected in Canada’s Non-Party
World-wide Internet Injunction, CRi 2017, 161-166
After a quick reminder of the background giving rise to Google Inc. v. Equustek Solutions,
Inc. (I.), the article first presents the three major shortcomings of this Canadian
decision (II.) and then reflects on the (in-)appropriateness of a court ordered response (III.)
before analysing the judicial shortcomings in determining whether injunctive relief
should rather be sought against a third party internet service provider (IV.).
Pesch, Paulina Jo / Sillaber, Christian, Distributed Ledger, Joint Control? – Blockchains and the GDPR’s Transparency Requirements, CRi 2017, 166-172
The article outlines the relevant characteristics of distributed ledger (DL) systems (II.)
and then addresses the applicability of the GDPR (III.). The main focus (IV.) is on
the discussion whether DL system participants can be considered controllers or even
joint controllers that are obliged to determine their responsibilities in an arrangement
pursuant to Art. 26 paras. 1, 2 GDPR (IV.). From this discussion conclusions are drawn
on how to improve transparency in DL systems (V.).
Mutkoski, Stephen, Regulation of Patient Health Information and the Use of Cloud Computing Technologies, CRi 2017, 172-179
After a brief introduction (I.) the article first outlines how cloud services are
an important element of the transformation of healthcare (II.) and then sets out policy
recommendations for regulators and policymakers (III.) to establish appropriate data
security and protection while streamlining regulator processes, requirements and reviews.
Lincke, Karl / Nourbakhsh, Aaron, An Analysis of the GDPR’s Effects on the Future of Cloud Outsourcing, CRi 2017, 179-185
The article first outlines how cloud computing and data protection are interlinked (I.).
It then examines the following selected GDPR changes and their impact on cloud outsourcing:
The reshaped obligations for data controllers and data processors in the light of
the GDPR, the crucial aspects of selecting and collaborating with a cloud provider
as well as the extraterritorial reach of the new data protection regime (II.).
Case Law
Supreme Court of Canada v. 28 June 2017 - 2017 SCC 34, Canada: Necessity to Globally De-Index Websites of Distributors in Breach of Court
Orders, CRi 2017, 185-188
Employment Appeal Tribunal v. 10 November 2017 - Appeal No. UKEAT/0056/17/DA, UK: Uber Drivers As Employees, CRi 2017, 188-192
