Ministry for Environment, Agriculture, Conservation and Consumer Protection
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Präsentation der Ausstellung "Normaliminalities – Artefacts from various Souths and Norths"
No full textAn Innovative Legal Approach to Regulating Digital Content Contracts in the EU
No full textUnifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation
Data as Counter-Performance: What Rights and Duties do Parties Have?
No full textArticle 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law
Novel EU Legal Requirements in Big Data Security: Big Data – Big Security Headaches?
No full textThis paper aims to provide an overview of the new legal requirements related to security and breach notification imposed on businesses in the European Union and to demonstrate their pertinence for big data service providers. In addition, it lays down practical recommendations for the implementation of those requirements into the internal security strategies of big data service providers
A Scalable, Modular, Segmented Overhead Crane Girder
No full textDie Herstellung und der Transport von Brückenkranen stellen aufgrund der großen Dimensionen eine zeit- und kostenintensive Herausforderung dar. In diesem Beitrag wird ein neuartiges Konzept für einen modular aufgebauten Brückenkranträger vorgestellt. Diese Kranbrücke besteht hierbei aus kleineren standardisierten Einzelbauteilen, die in Massenfertigung hergestellt, auf Europool-Paletten an den Einsatzort transportiert und dort zusammengebaut werden können. Die Verbindung der Einzelteile wird über Zuganker realisiert, die nur an den Enden mit der Kranbrücke verbunden werden und somit die gesamte Kranbrücke verspannen.
Der Fokus dieses Beitrags liegt auf der Beschreibung der segmentierten Kranbrücke und des Funktionsprinzips. Weiterhin werden die ersten Untersuchungsergebnisse zu den statischen sowie dynamischen Eigenschaften des Trägers betrachtet.Manufacturing and transporting of overhead crane girders can be a time and cost-intensive challenge due to their large size. In this work, a new concept for a modularly constructed crane girder will be presented. This crane girder consists of small standardized pieces, which can be produced in a large scale, transported on Europool pallets to their destination and assembled on-site. The connection of the single parts is done via tie rods, which are connected to the ends of the girder and preload the crane bridge.
This contribution focuses on the description of the segmented crane girder and its functional principle. Furthermore, the first research results regarding the static and dynamic behavior will be presented
The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters
No full textIn imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça stated that “if Google created an ‘untameable monster,’ it should be the only one charged with any disastrous consequences generated by the lack of control of the users of its websites.” In order to tame the monster, the Brazilian Superior Court had to impose monitoring obligations on Youtube; this was not an isolated case. Proactive monitoring and filtering found their way into the legal system as a privileged enforcement strategy through legislation, judicial decisions, and private ordering. In multiple jurisdictions, recent case law has imposed proactive monitoring obligations on intermediaries across the entire spectrum of intermediary liability subject matters. Legislative proposals have followed suit. As part of its Digital Single Market Strategy, the European Commission, would like to introduce filtering obligations for intermediaries in both copyright and AVMS legislations. Meanwhile, online platforms have already set up miscellaneous filtering schemes on a voluntary basis. In this paper, I suggest that we are witnessing the death of “no monitoring obligations,” a well-marked trend in intermediary liability policy that can be contextualized within the emergence of a broader move towards private enforcement online and intermediaries’ self-intervention. In addition, filtering and monitoring will be dealt almost exclusively through automatic infringement assessment systems. Due process and fundamental guarantees get mauled by algorithmic enforcement, which might finally slay “no monitoring obligations” and fundamental rights online, together with the untameable monster
Liability under EU Data Protection Law: From Directive 95/46 to the General Data Protection Regulation
No full textThis article analyses the liability exposure of organisations involved in the processing of personal data under European data protection law. It contends that the liability model of EU data protection law is in line with the Principles of European Tort Law (PETL), provided one takes into account the “strict” nature of controller liability. After analysing the liability regime of Directive 95/46, the article proceeds to highlight the main changes brought about by the General Data Protection Regulation. Throughout the article, special consideration is given to the nature of the liability exposure of controllers and processors, the burden of proof incumbent upon data subjects, as well as the defences available to both controllers and processors
Standards for Duty of Care? Debating Intermediary Liability from a Sectoral Perspective
No full textThe EU’s current regulatory framework for the content liability of online intermediaries was created in 2000 with the E-Commerce Directive (ECD). Already in those days, during the run-up to the ECD, there was an intense debate regarding whether a light-touch approach or more stringent content liability regime for intermediaries would be the appropriate way forward. 20 years later the debate is essentially led from the same angle, but has predictably, increased in complexity as the internet makes massive strides in transforming the “offline” world. There are those who argue that a purely horizontal approach in regulating internet intermediaries, or online platforms, remains sufficient. Others think the time has come to reflect the disruptive entrances online platforms made in various sectors of society in more vertical changes affecting substantive law. The EU Commission sits on the fence it seems, however. In its communication on online platforms and the digital single market, the Commission announced last year that it would leave the current intermediary liability regime as it is for now “while implementing a sectoral, problem-driven approach to regulation”. This paper will map out and critically evaluate some current sectoral (read vertical) regulatory developments, which may affect intermediary liability. It will look at recent, more top-down approaches proposed by the EU (e.g. in copyright), as well as self-regulatory efforts. This will be compared to less publicized developments, which have notably taken place in the area of product and financial regulation affecting ecommerce, such as for example efforts to combat the sale of fake medicines, unsafe products online, or anti-money laundering compliance. In these areas, it is argued that regulatory authorities have more proactively engaged online platforms, both on a legislative and practical level. A special focus in this context will be on the role of reasonable duties of care which intermediaries may be required to apply in order to detect and prevent infringements. Could these more “grassroots” developments and the convergence of online and offline worlds provide blueprints to encourage the development of a new content liability framework based on sectoral duties of care
Genetically Modified Crops and Intellectual Property Law: Interpreting Indian Patents on Bt Cotton in View of the Socio-Political Background
No full textIn India, patents on Bt cotton have given rise to an unproductive controversy. This controversy has compromised the deliberative debate on the potential contribution of genetically modified crops to rural development. Notwithstanding the ongoing controversy, the article argues that the central demand of the campaign against patents on Bt cotton (the abolishment of patents on plants and plant parts) is actually not in contradiction with the practices of the Bt cotton industry (which mainly uses patents on the Bt technology). Furthermore, the Indian courts do have the legal possibility to interpret the Indian Patent Act in such a way that it prohibits the patenting of plants and plant parts. Such an interpretation could potentially help to appease the ongoing controversy and to foster a deliberative debate on genetically modified crops and rural development