Issue 5 / 2018

In the current CRi issue 5 (publication on: 15. Oktober 2018) you find the following articles and case law:



Pohle, Jan, Data Privacy Legislation in the EU Member States – Part Two of the Pratical Overview, CRi 2018, 133-147

Part Two presents the national data privacy laws of the EU Member States which have introduced specific domestic laws supplementing GDPR during the third quarter of 2018. The article provides an overview of how these “late-comer” EU Member States have adjusted their domestic data privacy laws in the following core areas of the new EU privacy law regime: (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; (9) 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. Unfortunately, there is still a long list of EU Member States not having yet implemented new domestic data privacy laws.

Witzel, Michaela, How to Overcome Three Typical Dilemmas with Open Source License Obligations, CRi 2018, 148-154

The chances are high that manufacturers of coffee machines, vacuum cleaners and kitchen aids, cars and other goods use open source software in their products. The use of open source in enterprise IT has doubled since 2010. While the benefits of open source software in development processes seem to be clear, the distribution of open source software can pose significant practical challenges which must be considered. Unlike public domain software, open source software is subject to a license agreement that places obligations on the licensee of such software. Open source software should never be mistaken as being “free” from legal obligations. However, compliance with these obligations is challenging, often hardly practicable. In any case, courts (e.g. recently District Court Cologne, decision of 20 October 2017, CR 2018, 12 with remarks by Schöttle) do not relief an infringer only because non-compliance requires a substantial investment.

Alatriste, Rodolfo, Ad Blockers: No Constitutional Question in the US, CRi 2018, 154-160

This article explores the impossibility of invoking the Constitution of the United States in the context of ad blocking litigation, while simultaneously highlighting the values that are at stake for individual Internet users.

Case Law

Court of Appeals for the 9th Circuit v. 27 August 2018 - [No. 17-35041], USA: Status As Subscriber of IP-Address No Evidence for Copyright Infringement, CRi 2018, 160-161


Harris, Matt / Perera, Supuni, GDPR And Brexit: What’s Next for the UK?, CRi 2018, 161-163

Albrecht, Daniel, China’s New E-Commerce Law, CRi 2018, 163-164

Verlag Dr. Otto-Schmidt vom 03.12.2018