Issue 4 / 2018

In the current CRi issue 4 (publication on: 15. August 2018) you find the following articles and case law:



Pohle, Jan, Data Privacy Legislation in the European Union Member States – A Pratical Overview, CRi 2018, 97-116

The article provides an overview of how the EU Member States have modified their domestic data privacy law in the following core areas: (1) domestic legislation (2) definitions; (3) relevant authority; (4) registration requirements; (5) data protection officers (DPO); (6) collection and processing; (7) data subject rights; (8) data transfer to third counties; (8) security of personal data; (10) data breach notification; (11) enforcement; (12) data processing in employment context; (13) provisions relating to specific processing situations (chapter 9 GDPR); (14) electronic marketing; (15) online privacy; (16) other notable domestic regulations. EU Member States without finally adjusted domestic data privacy law are listed indicating the current status of the domestic legislative process.

Determann, Lothar, New California Law Against Data Sharing, CRi 2018, 117-124

In this article, you find an introduction of the California Consumer Privacy Act of 2018 and its unusual origins in a ballot measure (I.), and answers to key practical questions on who and what data is protected by the law (II.), who has to comply with its requirements (III.), how to achieve compliance (IV.) and what sanctions and remedies apply (V.). Then, you find a summary of new statutory damages for data security breaches and their impact on U.S. litigation exposure as well as practical recommendations for risk mitigation measures (VI.). Providing also a comparison with the EU GDPR (VII.), the article concludes with an outlook and suggestions regarding next steps (VIII.).

Case Law

Supreme Court of the U.S. v. 22 June 2018 - [585 U.S. (2018)], USA: Warrantless Discovery Search of Cell-Site Location Information By Law Enforcement, CRi 2018, 124-129


Brancher, Paulo M.R. / Thomaz, Alan C.E., Brazilian Data Protection Law – A New Scenario for Business in Brazil Compared to EU-GDPR, CRi 2018, 130-132

Verlag Dr. Otto-Schmidt vom 11.09.2018