Issue 4 / 2023

In the current CRi issue 4 (publication on: 15. August 2023) you find the following articles and case law:



Block, Martina / Jung, Constantin / Wendt, Domenik, Requirements for “Legal Tech AI Systems”, CRi 2023, 97-105

This article discusses current developments in the regulation of Artificial Intelligence (AI) in the European Union (EU). In particular, the risk-based regulatory approach of the AI Act is examined for its applicability to Legal Tech applications using AI. Furthermore, approaches to regulating General purpose AI systems like Large Language Models will be addressed.

Weber, Rolf H., Enactment of the New Swiss Data Protection Act: Need for Action in the EU Business World?, CRi 2023, 105-109

As of September 1, 2023, the new Federal Act on Data Protection (FADP) Swiss will come into force. To a large extent, its contents is similar to the EU GDPR, but a few distinct differences (f.e. sanctions) are to be considered by EU enterprises for cross-border business relations. The article highlights the key differences and provides a useful synopsis.

Beardwood, John, Cyberbreaches in Critical Infrastructure: It’s not just about Personal Data Breaches Anymore (Part 1), CRi 2023, 109-114

Part 1 of this article first provides an overview of the legislative background and purpose of CCSPA, CIRCIA and the NIS2 Directive (I.) and then compares the scope of their application, based on systems and entities (II.) as well as their respective definitions of incidents (III.) before concluding with an comparative analysis of these foundational elements of the critical infrastructure cyberbreach regime. Part 2 of this article will compare the details of their reporting requirements, with a focus on report content, timing and exceptions contrasting their approaches to enforcement and comparing their respective penalty regimes.

Case Law

CJEU (Grand Chamber) v. 4 July 2023 - C-252/21, EU: Examination of GDPR Compliance by Competition Authority to Determine Abuse of Dominant Market Position, CRi 2023, 115-125

ECOWAS Court v. 14 July 2022 - ECW/CCJ/JUD/40/22, Nigeria: Recounting the Illegality of the Government’s Ban of Twitter, CRi 2023, 125-127

CJEU (Grand Chamber) v. 8 December 2022 - C 460/20, EU: Right to Delisting of Articles and Thumbnails in Google Search Results for Names, CRi 2023, 127-128

CJEU (Grand Chamber) v. 14 July 2022 - C-134/20, EU: Engine Software as Illegal Defeat Device – Diesel Emission Scandal, CRi 2023, 128

Verlag Dr. Otto-Schmidt vom 21.08.2023