Inhaltsverzeichnisse

Issue 2 / 2019

In the current CRi issue 2 (publication on: 15. April 2019) you find the following articles and case law:

Articles

Dekhuijzen, Anja E., Call for Action on the EDPB to Provide Guidance Concerning GDPR and Blockchain, CRi 2019, 33-36

This article explores up to date the legal issues that blockchain runs into under the GDPR. The territorial scope of the GDPR to blockchain is explained, as well as the key questions on controllership and material obligations such as data minimalization and the right to be forgotten. Which legal issues are solvable, and where should the EDPB step in to give guidance?

Lloyd, Ian, Applying Notions of Employment within the Gig Economy, CRi 2019, 36-40

The emergence of the, so-called, “gig economy” and of companies such as Uber and Deliveroo has challenged the relevance and applicability of traditional business models in regard to many aspects of their operations. Focussing on the boundary between contracts of employment and contracts for services, the article looks at recent key cases brought in the UK and in the United States highlighting some of the central legal issues involved in the field.

Orji, Uchenna Jerome, A Review of the ECOWAS Cybercrime Directive, CRi 2019, 40-53

This article analyses the provisions of the Economic Community of Western African States (ECOWAS) Directive on Cybercrime (C/DIR.1/08/11). In so doing, some provisions of the Directive are compared with the Council of Europe Convention on Cybercrime and challenges impeding the implementation of the Directive in Member States highlighted. The article suggests that the success of the Directive has been impeded by the absence of a dedicated and effective regional institutional follow-up mechanism that will promote the implementation of its objectives in Member States.

Case Law

CJEU (6th Chamber) v. 27 March 2019 - C-681/17, EU: Right of Withdrawal After Mattress Purchase Online and Removal of Its Protective Seal, CRi 2019, 53-55

European Court of Human Rights v. 4 December 2018 - (Aplication Nr. 11257, Europe: Liability for Posting of a Hyperlink, CRi 2019, 55-58

Supreme Court of Canada v. 14 September 2018 - [2018 SCC 38], Canada: Cost Recovery of ISPs for Disclosure of Potential Copyright Infringer’s Contact Details, CRi 2019, 58-61

District Court Southern District of New York v. 23 May 2018 - Case 1:17-cv-05205-NRB, USA: Illegal Blocking by Presidential Twitter-Account – Donald Trump, CRi 2019, 62

Updates

Fernández, Diego / Lomaquiz, Santiago Eraso, Argentina: FinTech Ecosystem Regulations, CRi 2019, 62-64

Verlag Dr. Otto-Schmidt vom 10.04.2019