Issue 4 / 2015


Tandeau de Marsac, Silvestre / Duret, Sandy, Virtual Currencies: The Different Regulatory Approaches Around The World, CRI 2015, 97-101

As virtual currencies constitute a growing phenomenon these years, many countries try to approach the subject. Nevertheless, the assessment is that no legal consensus exists on both the legal nature of VCs and the rules to apply to them.This article examines the diverging regulatory approaches relating to VCs around the world, the legal risks incurred by this heterogeneity, and different potential solutions to reach an international cooperation on the subject.

Hemel, Armijn, Tooling for Open Source Software License Compliance, CRI 2015, 101-106

Open Source Software is widely spread and part of almost all software solutions. Therefore, checking for the presence of open source components in software is a must. After a brief introduction (I.) this article compares the technological methods available for the detection of open source software in source code and in binary code (II.).

Blume, Peter, Personal Data in Archives, CRI 2015, 106-110

The recitals to the 2012 EU Commission proposal for a General Data Protection Regulation closes in no.139 with the recognition that data protection is neither the only nor an exclusive basic right but has to be balanced against other fundamental rights. It is a quite remarkable ending which refers to the opinions of the Court of Justice of the European Union (CJEU) and has been moved to the beginning (no. 3a) by the EU Council in its General Approach of June 2015. This recital is very realistic because the functioning of society would be at risk if data protection was the sole and absolutely dominant fundamental right as well as the only general societal consideration to influence processing of personal data. It is well-known that data protection has to be balanced against freedom of information and it is also well-known that balancing is necessary with respect to the interests in economic/commercial data usage and efficient data processing in public administration.This article is written against the background of a recent special situation in Danish law, outlined below in III. This case concerns the relationship between data protection and the historic and research interest in access to and usage of personal data. The general problem is how strong the last mentioned interest is and whether it has such a societal value that it sustains modifications in the ordinary data protection rules. This issue is considered in more detail below in II but before closing in on this target some observations are provided on the current data protection Directive, 95/46 EC (DP-Directive), and the forthcoming General Data Protection Regulation which has currently entered the trilogue stage.

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Rumyantsev, Andrey, Russia: Territorial Boundaries for Processing Data Relating to Russian Citizens, CRI 2015, 124-126

Cullaffroz-Jover, Sandrine, France: Google Inc. On Notice for Global Implementation of ‘Right to be Forgotten’, CRI 2015, 126-127

About the Authors

About the Authors, CRI 2015, 128

Verlag Dr. Otto-Schmidt vom 07.10.2015 16:50