Inhaltsverzeichnisse

Issue 5 / 2024

In the current CRi issue 5 (publication on: 15. Oktober 2024) you find the following articles and case law:

Articles

Beardwood, John, The Canadian Artificial Intelligence and Data Act and the EU AI Act: Will Sanity Prevail as they more closely align? – Part 2, CRi 2024, 129-137

In continuation of Part 1 (Beardwood, CRi 2024, 97), this Part 2 compares in detail the obligations for High-Impact Systems and General-Purpose Systems (AIDA) (X), and for High-Risk AI Systems and General-Purpose AI Systems (EU AI Act) (XI), and finally reviews the penalties and offences for non-compliance imposed by AIDA and EU AI Act (XII) before concluding (XIII).

Schledt, Katharina / Wegmann, Simon, Digital Empire? Extraterritorial application of the Digital Services Act and specific challenges for non-EU companies – taking Chinese companies as example, CRi 2024, 138-145

The article gives an overview of the purposes and principal requirements of the Digital Services Act and how they function specifically towards non-EU companies, using Chinese companies as a prominent example. It discusses to which extent the Digital Services Act is part of the regulatory project by which the EU, whether purposefully or not, projects power beyond its borders, and argues that at least with regard to economically powerful countries such as China, this effect has likely been somewhat overstated. The article points out that nevertheless, non-EU and specifically Chinese companies face additional challenges when trying to comply with the Digital Services Act, and provides orientation in this regard.

Schwartmann, Rolf / Keber, Tobias / Zenner, Kai / Kurth, Sonja, Data Protection Aspects of the Use of Artificial Intelligence, CRi 2024, 145-150

AI systems thrive on the processing of large amounts of data. As AI-supported technologies become more and more widespread, questions concerning data protection aspects arise increasingly. This primarily concerns the input of personal data into AI systems, which is conceivable in a variety of scenarios, for example in the workplace for job applications or evaluations, by authorities when processing applications, in the judiciary or at schools and universities when assessing examinations.
This article aims to analyse how the use of AI systems is affected by data protection law. To this end, particularly relevant provisions of the GDPR are selected and analysed for their special features in connection with AI systems. In addition to the GDPR, the AI Act will also be analysed.

Case Law

CJEU v. 16 January 2024 - C-33/22, EU: Applicability of Data Protection Law to Parliamentary Inquiry Committee in Member State, CRi 2024, 150-153

President of the General Court v. 9 February 2024 - T-1077/23 R, EU: Provider of TikTok As Gatekeeper Under Digital Markets Act, CRi 2024, 154-157

CJEU v. 14 December 2023 - C-340/21, EU: Non-Material Damage for Data Leak Caused By Hacking, CRi 2024, 157-160

CJEU v. 26 October 2023 - C-307/22, EU: Patient’s Right to Copy of Their Medical Records, CRi 2024, 160

Verlag Dr. Otto-Schmidt vom 10.10.2024