Issue 2 / 2023

In the current CRi issue 2 (publication on: 15. April 2023) you find the following articles and case law:



Borges, Georg, The Manufacturer's Liability for AI Systems under Current and Future Law, CRi 2023, 33-43

There are gaps in the current law with regard to liability for AI systems. This applies not least to the liability of the manufacturer. The article examines to what extent these gaps are closed by the current proposals for an AI Liability Directive and a new Product Liability Directive, and identifies the need for more ambitious legislative acts.

Ammann, Thorsten / Syed, Imran / Sanchez, Vinny, Exploring Operational Resilience in Financial Services – the Effects of DORA on Risk and Regulation in Top 3 Financial Markets, CRi 2023, 43-48

In January 2023, the Digital Operations Resilience Act (“DORA”) came into force as part of a consolidated digital operational framework for companies active in the financial services sector. The effects of this new framework will be felt outside the EU too as businesses operating cross border will have to deal with the challenge of simultaneously complying with regulatory requirements in multiple jurisdictions. This article aims to work out and compare the most essential operational resilience requirements applicable in the top three financial marketplaces of the world (Frankfurt, London and New York), in order to raise cross-border operating companies’ awareness in this respect and outline a general guideline on how to deal with the challenges of DORA, in particular.

Albrecht, Daniel, The Chinese Approach to Protecting User Rights Online Compared to the EU’s DSA, CRi 2023, 49-55

Against the rising tide of cyberbullying, hate speech and other harms online, the EU’s DSA and the Chinese PMIPCS each aim to create a uniform framework dealing with four key challenges: (i) illegal or harmful online content, (ii) liability of intermediaries for third-party content, (iii) protection of users’ fundamental rights and (iv) information asymmetries between intermediaries and their users. This article compares relevant regulations of the PMIPCS with the DSA and reveals their limited common ground.

Yilma, Kinfe, Platform Privacy Standards and International Law: Mind the Gap, CRi 2023, 55-59

Based on a case study of three major digital platforms, this article explores the ways in which privacy and related values feature in platform community guidelines in light of guarantees in international law. It finds that platform community guidelines tend to diminish international privacy protections by offering privacy safeguards that are increasingly stratified, conditional and incomplete. In conclusion, key stakeholders ought to tackle this emerging trend in platform privacy rules to maintain the human rights equilibrium.

Case Law

CJEU (Fourth Chamber, Extended Composition) v. 7 December 2022 - Case T-709/21, EU: No direct actions for annulment against binding decisions of the European Data Protection Board, CRi 2023, 60-63

Court of Milan Commercial Chamber v. 4 November 2022 - no. 29411/2022, Italy: Enforcement of Blocking Order Against an ISP, CRi 2023, 63-64

Verlag Dr. Otto-Schmidt vom 14.04.2023