The plaintiff has to demonstrate that he has suffered a material or an immaterial damage. A mere infringement of GDPR is not sufficient for granting a compensation. However, any immaterial damage is compensatabel. A certain threshold or seriousness of the…
5 years DPOblog.eu
“Turnig Point“ was the title of one of the first articles on DPOblog.eu at 25th April 20181: “With 25th of May 2018 we are reaching a turning point in data protection. The EU sets a worldwide standard which will generate…
Children’s Rights in the Digital Space
by Sarah Kunz von Hoyningen-Huene and Jutta Oberlin// The digital age not only fundamentally changed our professional environment, but also our social interactions in our private lives. Digital communication channels simplify getting in touch with many people and letting people…
CJEU: Right of Access requires to name recipients
by Gerald Trieb// The CJEU recently ruled on case C-154/21 concerning the right of access. The preliminary ruling proceedings were initiated by the Austrian Supreme Court; it asked in essence, whether Art 15 (1) (c) GDPR confers a right to…
TESLA: “Sentry Mode” – Big Brother on four wheels
by Tea Mustać and Peter Hense // It is no secret that Europeans take their privacy very seriously, up to the point where it may seem illogical or even cause frustration in the population. So, for example, a burglar can…
The liability regime for AI systems
by Behrang Raji// The European Commission presented a proposal for a “Directive on AI Liability” (COM(2022) 496 final) (hereinafter “AI Liability Directive”) in September 2022. The new directive clarifies liability issues in connection with AI systems. It complements the Product…
New Transatlantic Data Bridge or a Road to Schrems III? Bidens Executive Order on an EU-US Privacy Framework
by Matthias Horn// On 7th October US President Biden signed an Executive Order called “Enhancing Safeguards for United States Signals Intelligence Activities (E.O.)”. The E.O. is the first concrete legal step of the US Government to address the challenges on…
Supreme Court of Japan: Deletion of Tweets on Twitter
by Toshihiro Wada// The Supreme Court of Japan (SCJ) adjudicated for the first time on the deletion of tweets on Twitter which referred to the arrest of a specific individual.1 This article describes the new judgment of the SCJ. A.…
Should I pay or should I not?
by Barbara Schmitz // The economic significance of data-driven business models is obvious. The European Data Strategy estimates that the data economy will be worth EUR 829 billion in 2025. This would mean that the value would have almost tripled…
DMA and GDPR: A Boost for Enforcement or Incoming Conflicts?
by Christina Etteldorf// With the publication of the text reflecting the final agreement between the EU legislative bodies on the Digital Markets Act (DMA)1, we now have a pretty clear picture of what the regulation of so-called gatekeepers to protect…