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This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications’ industries in key jurisdictions across the Asia-Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.
This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the...
Cybercrime investigation can be argued as still in its infancy. The technical investigation practices and procedures of global law enforcement are also still evolving in response to the growing threat of the cybercriminal. This has led to considerable debate surrounding the adequacy of current technical investigation models, examination tools and the subsequent capability of law enforcement to tackle...
Automated profiling of groups and individuals is a common practice in our information society. The increasing possibilities of data mining significantly enhance the abilities to carry out such profiling. Depending on its application, profiling and data mining may cause particular risks such as discrimination, de-individualisation and information asymmetries. In this article we provide an overview...
Despite various studies evincing the huge potential locked up in public sector information (PSI), this potential is far from being fully exploited. To a large extent, this failure is caused by the immensely complex legal labyrinth surrounding PSI re-use. This complexity works in two ways: public sector bodies do not comply with the regulatory framework and re-users do not avail themselves of the legal...
This paper examines and compares the existing privacy instruments of VIS and US-VISIT systems in addressing the specific legal issues and challenging the privacy-invasive behaviour in the world of biometrics. A biometric scenario is presented to give a vision of a future society in 5 years from now when biometric technology is more widely used. The objective here is to open up the scope of considering...
The Art. 29 Working Party (hereinafter “Art. 29 WP”) is an influential body comprised of representatives from the Member State Data Protection Authorities 2 2Kuner, C. European Data Protection Law, 2nd ed., p. 9. established under the Data Protection Directive 95/46/EC, has recently issued an opinion with the Working Party on Police and Justice. This is quite significant, since the opinion...
The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes...
This article looks at the European Commission’s recent revisions to the controller-processor model clauses to allow the transfer of personal data to processors and sub-processors based outside of the EEA. These new sub-processing provisions are the subject of a recent opinion by the Article 29 Working Party that is both helpful and is likely to ease the use of these clauses. However, many of the other...
Earlier this year the Spanish Supreme Court gave judgment on an application to annul the data protection regulations set out in Royal Decree 1720/2007 and to refer the Spanish implementation of the Data Protection Directive to the European Court of Justice. The application was partially successful. Some sections of the Royal Decree have been annulled but much of it was upheld. The Supreme Court also...
This study considers the scope of the injunction a court may issue against an intermediary service provider with a view to preventing or terminating an infringement, particularly of an intellectual property right. The matter is studied in the light of the aim shared by the European Union and the Council of Europe to promote freedom of expression via communication networks. Despite technological progress...
The present paper 1 1This paper in notably based on the CRID’s research achieved in the context of the TIRO research project carried out in the context of the programme launched by the Federal Ministry of Science and Policy (BELSPO) and conducted together with SMIT (VUB), Department communicatiewetenschappen (UA), CITA and CRID (University of Namur). See the report TIRO, Teens and ICT: Risks...
The ease with which business can be transacted over the Internet raises various issues, not least among which are writing and signature requirements. While it has been established that an electronic record is a functional equivalent of writing, the position appears to be less clear with regard to electronic signatures. This paper examines the signature requirement as it applies to electronic contracts,...
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