Inhaltsverzeichnisse

Issue 3 / 2023

In the current CRi issue 3 (publication on: 15. Juni 2023) you find the following articles and case law:

Articles

Beardwood, John, Heads Up: The Companion Document To The Canadian Artificial Intelligence And Data Act, CRi 2023, 65-72

This article introduces the reader to the Artificial Intelligence and Data Act – Companion Document and analyses its strengths and weaknesses particularly with regard to the question of the value of the Companion Document for developers and distributors of AI Systems seeking guidance as to the future form of the AI System regulatory regime.

Scheil, Jörg-Michael, New Data Protection Regime in Vietnam, CRi 2023, 72-78

This article takes a closer look at the new Decree on Personal Data Protection issued on April 17, 2023, which will introduce a new data protection regime in Vietnam as of July 1. After a brief overview of the already existing national laws relevant to data protection (I.), the fundamental principles and concepts of the Decree are explained (II.), and the rules for processing personal data (III.) of the emerging data protection regime are outlined highlighting their parallels with GDPR as well as those of the rights of the data subjects (IV.), the requirements for security and for a data protection officer (V.), data transfers to third countries (VI.) and the sanctions for non-compliance (VII.).

Rath, Michael / Keller, Lutz / Spies, Axel, Sovereign Clouds, CRi 2023, 78-84

This article discusses the legal implications of cross-border data processing and the use of cloud services considering for example the EU standard contractual clauses, the US Cloud Act and the Foreign Intelligence Surveillance Act and highlighting opportunities and the so-called “red lines” of sovereign cloud models.

Case Law

CJEU (First Chamber) v. 4 May 2023 - Case C-487/21, EU: Scope of the right of access pursuant to Art. 15 (3) GDPR – concept of the terms “copy” and “information”, CRi 2023, 84-87

CJEU (Third Chamber) v. 4 May 2023 - C-300/21, EU: Prerequisites for the right to compensation for damages pursuant to Art. 82 GDPR – no threshold of seriousness for non-material damages, CRi 2023, 87-90

CJEU (Fifth Chamber) v. 4 May 2023 - C-60/22, EU: question of lawfulness of data processing in case of infringement of the obligations laid down in Articles 26 and 30 GDPR, CRi 2023, 90-93

Italian Antitrust Authority v. 20 April 2023 - , Italy: Copyright and Abuse of Economic Dependence in the Digital Market: the SIAE v. Meta Case, CRi 2023, 93-95

Verlag Dr. Otto-Schmidt vom 13.06.2023