Issue 1 / 2018

In the current CRi issue 1 (publication on: 15. Februar 2018) you find the following articles and case law:


Albrecht, Daniel, Chinese Cybersecurity Law Compared to EU-NIS-Directive and German IT-Security Act, CRi 2018, 1-5

After briefly looking at the IT Security Act in Germany (I.) and the Directive of Security and Network and Information Systems in the European Union (II.), the article explains key provisions of the Chinese Cybersecurity Act as well as its systematic approach and its effects on businesses (III.).

Härting, Niko / Gössling, Patrick, Study on the Impact of the Proposed Draft of the ePrivacy-Regulation, CRi 2018, 6-11

After a brief introduction (I.), the article analyses the European Commission’s proposal for an ePrivacy Regulation by looking in depth at the suggested regime for confidentiality of electronic communication (II.) as well as for cookies (III.). The article also examines the proposed wiretapping provisions (IV.) and draws conclusions for the legislative process (V.).

Orji, Uchenna Jerome, Towards the Regional Harmonization of E-Commerce Regulation in Africa, CRi 2018, 12-22

The article comprises seven sections: The first section which includes this introduction discusses the development of the AU’s e-commerce regime (I.). The second section undertakes a comparative analysis of the AU’s e-commerce regime (II.). Within that context, the discussion deals with issues including the obligations of an e-commerce provider, and legal provisions on electronic contracts. The third section discusses the legal status of electronic documents and contracts, and electronic signatures (III.). The fourth section deals with electronic advertising and unsolicited electronic communications (IV.). The fifth section highlights issues that were not addressed by the AU’s e-commerce regime (V.). The sixth examines the prospects and challenges relating to the implementation of the AU’s e-commerce regime (VI.), and is then followed by the concluding section (VII.).

Case Law

CJEU, Third Chamber v. 25 January 2018 - C-498/16, EU: Personal Capacity of Consumer Forum – No Claim Concentration Against Facebook, CRi 2018, 22-25

CJEU, Grand Chamber v. 20 December 2017 - C-434/15, EU: Uber Systems Spain No Information Society Service But A Transport Service, CRi 2018, 25-27

CJEU v. 29 November 2017 - C-265/16, EU: Cloud Service for Remote Video Copies Without Rightholder’s Consent, CRi 2018, 27-29

District Court for the District of Maine v. 18 October 2017 - Civil No. 2:16-cv-578-DBH, USA: Jurisdiction Solely Due To Website Offering Cloud-Based Services, CRi 2018, 29-32

Verlag Dr. Otto-Schmidt vom 20.02.2018