This article considers the reasons that brought the European Court of Justice to declare the invalidity, first of the Safe Harbor and subsequently also of the Privacy Shield. To do this, it analyses the way that led to the drawing up of the Privacy Shield Agreement that regulates the personal dataflow from the European Union to the United States and its subsequent invalidity, declared by the Court of Justice of the European Union. The analysis begins with a description of the different approaches to personal data protection by both the US and the EU. Starting from the principles that constituted Read More
WTO Dispute Settlement System in crisis: Can ad hoc members
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
The protection of trade secrets lies not only in how many or which measures are adopted by companies to protect their secrets from being easily disclosed or used. It also lies in how to manage employees well, so they do not disclose trade secrets. In a way, the latter is more important, because the confidentiality […]Read More
The New EU-China Investment Agreement: Implications for German companies doing
The EU may have frozen its ratification of its Comprehensive Agreement on Investment with China. But what would it actually mean for German business where it to be implemented in the future and what are investors missing out on? Heman Knott analyses the CAI that has been put on hold.Read More
Bernando Cartoni addresses the topic of arbitrator’s bias by considering two recent and landmark decisions.Read More
All non-disclosure clauses that are an integral part of another contract involving an EU-based party must now be examined in the light of EU Directive 2016/943. Sven Regula guides you through what this means for contract negotiation.Read More
The introduction of the European Union Cross Border Mediation Directive (2008/52/EC) has helped to augment mediation’s status as a means of resolving international disputes in Europe. The use of mediation can be enforced by inserting a “step-clause” or “escalation clause” into a contract. This requires parties to embark on mediation or other forms of Alternative […]Read More
The European Court of Justice (ECJ, Case C-311/18) has declared the EU-US agreement on the so-called Privacy Shield invalid. This agreement regulates the conditions for ensuring that the transfer of personal data of EU citizens or residents to the USA meets the requirements of the European Data Protection Regulation (DSGVO). To this end, US companies […]Read More
The most common method for measuring body temperature to stop the spread of Covid-19 has been a standard thermometer. However, due to the virus’s fastspreading nature, thermal cameras won many new proponents in Europe. They argue that thie techonology offers an incomparably efficient way of detecting fevers, and thus infections. But what exactly is the […]Read More