Issue 3 / 2019

In the current CRi issue 3 (publication on: 15. Juni 2019) you find the following articles and case law:



Falkhofen, Benedikt, Cooperative Intelligent Transport Systems (C?ITS), CRi 2019, 65-70

The Commission’s Delegated Regulation aims to achieve interoperable data exchange among intelligent transport systems. Therefore, it contains specific provisions for the C?ITS-product regulation, a common cybersecurity system and a system of shared EU administration. The subject matter of data protection, however, has been postponed. This might turn out to be problematic under the impression of the latest German administrative court judgement concerning the “Section Control”-system close to Hannover. Blockchain-based smart contracts might offer a practical solution in this regard. In addition, the Delegated Regulation needs to be seen in connection with the Commission’s proposal for a revised PSI-Directive and the upcoming, new type approval Regulation, which requires the mandatory deployment of automated driving assistant systems by 2022 (“Vision Zero”).

Dekhuijzen, Anja, Policy Rules for Establishing the Amount of Administrative Fines under GDPR, CRi 2019, 70-77

Recently the Dutch DPA introduced a groundbreaking policy on establishing the amount of fines under the GDPR. This article explores whether the primary aims set by the Dutch DPA – equality before the law and legal certainty – are met for various groups of controllers and processors. It also explains why this policy may be relevant outside the Netherlands.

Case Law

Supreme Court of the United States v. 13 May 2019 - [587 U.S. _ (2019)], USA: Eligibility to Sue Apple for Monopolization, CRi 2019, 77-81

CJEU (4th Chamber) v. 5 June 2019 - C-142/18, EU: Skype’s VoIP as “Electronic Communications Service” – SkypeOut, CRi 2019, 81-84

UK Supreme Court v. 28 March 2019 - , UK: Classification of Software as Goods?, CRi 2019, 84-87

High Court of Justice v. 17 April 2019 - [2019] EWHC 954 (Ch), UK: Administrators of Cambridge Analytica No Data Controllers, CRi 2019, 87-96

Verlag Dr. Otto-Schmidt vom 17.06.2019