Issue 2 / 2020

In the current CRi issue 2 (publication on: 15. April 2020) you find the following articles and case law:



Kühling, Jürgen, Legal Parameters for the Categories of Lawfulness in a Future EU ePrivacy Regulation, CRi 2020, 33-42

First, the article outlines the key reasons why the attempts of introducing an ePrivacy Regulation (I.) have (provisionally) failed. With the whole legislative process starting anew, all available design options can and should be considered and evaluated again. The article therefore assesses to what extent the European legislator may modify the GDPR’s rules (II.) and whether sector-specific regulation is generally useful (III.). The significant legislative room for maneouvre in regulating ePrivacy is crucially limited by the fundamental rights (IV.) as set out in the Charter of Fundamental Rights (Charter).

Beardwood, John P., Lessons for ERP Implementation Vendor Selection in National Grid USA Service Company, Inc. v Wipro Ltd., CRi 2020, 42-50

First, the article introduces a brief overview of the project and the legal proceedings which resulted from the project’s failure (I.). A brief background describes the aim and actual results of the IT project (II.) and relates the alleged failures of Wipro in implementing the Solution (III.) and the extensive claims made by National Grid as to alleged Wipro misrepresentations as to their experience and expertise (IV.), before vital lessons for the procurement of ERP implementation providers (V.) are elaborated and conclusions drawn (VI.).

Contzen, Till, Contracting Under the EBA Guidelines on Outsourcing Arrangements, CRi 2020, 50-56

First, it is important to understand the background in which the EBA Guidelines came into effect (I.) and identify the risks that they aim to mitigate (II.). If the EBA Guidelines apply (III.), it is essential to have a structured understanding of the key provisions as well as ready-at-hand solutions that are acceptable to both the financial institution and service provider (IV.). The focus of this article is on outsourcing in the field of digitization.

Case Law

CJEU (5th Chamber) v. 18 December 2019 - C-666/18, EU: Concept of ‘Infringement of Intellectual Property Rights’, CRi 2020, 56-60

High Court of Justice v. 13 September 2019 - , UK: Cyber-currency as Property?, CRi 2020, 60-64

Verlag Dr. Otto-Schmidt vom 07.04.2020