Articles
Pohle, Jan, Data Privacy Legislation in the EU Member States – Part Two of the Pratical Overview, CRi 2018, 133-147
Part Two presents the national data privacy laws of the EU Member States which have
introduced specific domestic laws supplementing GDPR during the third quarter of 2018.
The article provides an overview of how these “late-comer” EU Member States have adjusted
their domestic data privacy laws in the following core areas of the new EU privacy
law regime: (1) domestic legislation; (2) definitions; (3) relevant authority; (4) registration
requirements; (5) data protection officers (DPO); (6) collection and processing; (7) data
subject rights; (8) data transfer to third counties; (9) security of personal data;
(10) data breach notification; (11) enforcement; (12) data processing in employment
context; (13) provisions relating to specific processing situations (chapter 9 GDPR);
(14) electronic marketing; (15) online privacy; (16) other notable domestic regulations.
Unfortunately, there is still a long list of EU Member States not having yet implemented
new domestic data privacy laws.
Witzel, Michaela, How to Overcome Three Typical Dilemmas with Open Source License Obligations, CRi 2018, 148-154
The chances are high that manufacturers of coffee machines, vacuum cleaners and kitchen
aids, cars and other goods use open source software in their products. The use of
open source in enterprise IT has doubled since 2010. While the benefits of open source
software in development processes seem to be clear, the distribution of open source
software can pose significant practical challenges which must be considered. Unlike
public domain software, open source software is subject to a license agreement that
places obligations on the licensee of such software. Open source software should never
be mistaken as being “free” from legal obligations. However, compliance with these
obligations is challenging, often hardly practicable. In any case, courts (e.g. recently
District Court Cologne, decision of 20 October 2017, CR 2018, 12 with remarks by Schöttle) do not relief an infringer only because non-compliance requires a substantial investment.
Alatriste, Rodolfo, Ad Blockers: No Constitutional Question in the US, CRi 2018, 154-160
This article explores the impossibility of invoking the Constitution of the United
States in the context of ad blocking litigation, while simultaneously highlighting
the values that are at stake for individual Internet users.
Case Law
Court of Appeals for the 9th Circuit v. 27 August 2018 - [No. 17-35041], USA: Status As Subscriber of IP-Address No Evidence for Copyright Infringement, CRi 2018, 160-161
Updates
Harris, Matt / Perera, Supuni, GDPR And Brexit: What’s Next for the UK?, CRi 2018, 161-163
Albrecht, Daniel, China’s New E-Commerce Law, CRi 2018, 163-164