by Iheanyi Samuel Nwankwo // Background The EU General Data Protection Regulation (GDPR) solidifies the risk-based approach in data protection through several references that tie the obligation of data controllers to the risk exposure associated with their data processing. This…
The DPO and the messanger of bad news
The strong legal position of the DPO, which is provided by the GDPR, does not prevent the DPO1 in practice of the risk of either being sued or being fired by the controller. Role of DPO according to GDPR The…
Liability of private parties for data protection breaches
by Tobias Jacquemain//The data protection law provides those affected a right to compensation. In practice, however, this right rarely applies. Criteria for assessing damages are problem areas that can reduce the existing sanction deficit in data protection. I. Regulatory mechanisms…
Data breach: 72 hours period extended on weekend
GDPR requires companies to notify data breaches to the supervisory authority „…without undue delay and, where feasible, not later than 72 hours…“1 Insofar the notice period of 72 hours would include weekends companies were required to organise an urgency duty…
Enforcing the law in the digital era – a key task for Europe
by Prof. Winfried Bausback Increasingly, the forthcoming European Parliament elections in May are being described as a battle to decide Europe’s destiny. This is partly because Europe is often no longer regarded as a great achievement; instead, there are forces…
There Shall be Order! A Proposal for More Structured Normativity on the Internet
by Matthias C. Kettemann Can you recall a time before the Internet? When you read newspapers, called your friends on the landline and watched what the TV offered. Like everyone else? Things have changed considerably in this age of instant…