Issue 6 / 2018

In the current CRi issue 6 (publication on: 15. Dezember 2018) you find the following articles and case law:



Falkhofen, Benedikt, Car Data Platforms and the EU Acquis for Digital Services, CRi 2018, 165-174

The article examines and compares private businesses’ platform solutions processing data from connected cars, for their compliance with the EU acquis on data protection, cybersecurity and competition law. After a brief description of the essential technical features of car data platforms is provided (II.), the proprietary platform solution is analysed by using the practical examples of BMW CarData (III. 1.) and the smartphone applications Apple CarPlay and Android Auto (III. 2.). Particular attention is given to the latest platform regulation proposal of the European Commission (III. 1. d) bb)). Finally, the neutral “automotive platform” of the German Association of Technical Inspection Agencies (“VdTÜV”) is presented as a possible alternative to the proprietary platform solutions (IV.).

Lloyd, Ian, Access to “Joint” Personal Data of Several Data Subjects, CRi 2018, 175-177

The article first looks at the concept of personal data which includes joint personal data being personal data of more than one data subject (I.). Then, the factual and procedural background of Dr B v. General Medical Council is outlined (II.) and the Court of Appeal’s approach presented (III.) and evaluated (IV.).

Fernandez, Diego / O’Farrell, Inés, Protection of Privacy Regarding Cell Phone Location, CRi 2018, 178-182

This article seeks to explore the issues underlying the use by authorities of cell-site location information to locate cell phones. After introducing the overall context (I.) by referring to the important precedent issued by the US Supreme Court in Carpenter v. United States and how this ruling has “spread” to Argentina, the focus is on explaining the importance of cell-site records and how they can be used to locate individuals (II.). The line of argument in Carpenter (III.) reveals the guidance provided for two court decisions in Argentina which adopted its reasoning (IV.) and merits comments (V.).

Beardwood, John P., Agile Approach Case Study of CIS General Insurance v IBM UK, CRi 2018, 183-189

CIS General Insurance v IBM UK is about a failed system implementation transaction hinging not only on the interpretation of its terminology like “out of the box” software, but also on the parties’ (mis)understanding of what an agile project demands of their resources. Based on the unproven allegations set out in the pleadings, the article first presents the factual background (I.) out of which then crucial legal issues are distilled (II.) from which seven vital lessons for contract drafting are to be learned (III.).

Case Law

CJEU (3rd Chamber) v. 18 October 2018 - C-149/17, EU: Filesharing Liability For Owner of Internet Connection Shared With Familiy Members, CRi 2018, 189-192

CJEU (5th Chamber) v. 4 October 2018 - C-105/17, EU: Classification of Offering New And Second-hand Goods Online As “Commercial Practice”, CRi 2018, 192-194

CJEU (Grand Chamber) v. 2 October 2018 - C-207/16, EU: Public Authorities’ Access to Data Identifying SIM card Owners Using Stolen Mobile Phones, CRi 2018, 195-196

Verlag Dr. Otto-Schmidt vom 07.12.2018