Issue 1 / 2020

In the current CRi issue 1 (publication on: 15. Februar 2020) you find the following articles and case law:

01

Articles

team Trilegal, TMT, India's New Data Protection Bill: Based on GDPR, But Different, CRi 2020, 1-7

Recognising the truly global nature of data processing operations, India has studied various global data protection frameworks elsewhere before ultimately modelling its current Personal Data Protection Bill (PDP-Bill). Although largely based on the General Data Protection Regulation (GDPR), the PDP-Bill contains several deviations and helpful improvements for data protection management. This article provides a brief overview of key provisions of the PDP-Bill highlighting its significant and unique additions to the concert of global data protection regimes.

Rezlauf, Iana, EU Framework for Handling Big Datasets Mixed of Personal and Non-personal Data, CRi 2020, 7-13

Adequate handling of mixed big datasets is a major challenge. Distinguishing between personal and non-personal data is not only increasingly difficult, but also not necessarily guarantee overall compliance, since non-personal data might include data regulated by patent law, copyright law or some other regulatory regimes. This article offers how to define big mixed datasets, focuses on the way mixed big datasets are to be handled by the EU-companies and summarizes the current legal EU-framework on data processing highlighting its problems.

Kaufmann, Julia / Häferer, Katja / Grimhardt, Kerstin, The new EU Whistleblowing Directive, CRi 2020, 14-17

In December 2019, the Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (“Whistleblowing Directive”) entered into force. Member States are required to transpose the Whistleblowing Directive into national law and to apply such national laws as of 17 December 2021. The article presents the scope and purpose as well as the new reporting system of the Whistleblowing Directive (I.) and takes a look at the extent to which Member States may deviate from these new requirements (II.) as well as at the changes for German employment law (III.).

Case Law

CJEU (Grand Chamber) v. 19 December 2019 - C-390/18, EU: Airbnb as Information Society Service, CRi 2020, 18-22

CJEU (Grand Chamber) v. 19 December 2019 - C-263/18, EU: Virtual Market for Second-Hand eBooks, CRi 2020, 22-26

CJEU (3rd Chamber) v. 11 December 2019 - C-708/18, EU: Video Surveillance in Common Parts of Building, CRi 2020, 26-29

Updates

Sellars, Clare, EU: Schrems II and Standard Contractual Clauses – the Advocate-General’s Opinion, CRi 2020, 29-30

Lincke, Karl / Melchior, Nicolás, Spain: Data Protection Agency’s Guide on Privacy by Design, CRi 2020, 30-32

Verlag Dr. Otto-Schmidt vom 06.02.2020