GDPR as Global Standard SetterSymposium

The charm of jurisdictions: a modern version of Solomon’s judgment?

From a perspective of international law, the General Data Protection Regulation (GDPR) pioneers particularly in terms of its (extraterritorial) application. Whereas in international law, which is based on the Westphalian notion of exclusive state sovereignty, this sovereignty is usually restricted to the state’s own territory and allows for an extraterritorial application of human rights only in exceptional circumstances, the GDPR prominently standardises the domestic-market principle in Article 3(2) GDPR. The …

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GDPR as Global Standard SetterSymposium

The GDPR and algorithmic decision-making

Safeguarding individual rights, but forgetting society

In algorithmic decision-making systems (ADM systems) machines evaluate and assess human beings and, on this basis, make a decision or provide a forecast or a recommendation for action. Thus, it is not only the data processing as such, but above all the automated decision resulting from the data processing that contains risks for the user. The current international legal framework encompasses such risks by guaranteeing privacy, data protection, personality rights …

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GDPR as Global Standard SetterSymposium

The internet on its way back to a future of human dignity?

One year EU General Data Protection Regulation

The General Data Protection Regulation (GDPR) has come a long way since it was first tabled as proposal by the European Commission on 25 January 2012. Probably, it will be remembered as the biggest achievement of the outgoing Juncker Commission. Despite the fact that Europe plays a second-tier role when it comes to the development and production of data-driven technology and services, research shows that of 132 countries which have …

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GDPR as Global Standard SetterSymposium

Designed to serve mankind?

The politics of the General Data Protection Regulation

The collection and processing of our personal data is changing sense-making of the world and ourselves, as are projects of governance surrounding it. In the year since it has become effective, the General Data Protection Regulation (GDPR) has come to represent a global standard for privacy and data protection. Yet, the idea that the GDPR represents a global standard assumes a uniform cultural and political context globally and overlooks broader questions …

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Current Developments

A new object in the sky

Space law points the telescope to its relationship with cyber law

While cyber activities have been growing rapidly since the 1970’s, the law was not able to catch up with this development immediately. However, over the years, law-making efforts at the international level have resulted in the enactment of international conventions regarding cybercrime such as the United Nations Convention Against Transnational Organized Crime, the Budapest Convention on Cyber Crime, or the Convention on the Protection of Children against Sexual Exploitation and Sexual …

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Discussion

Cyber-War oder Cyber-Wahn?

Wenn Ungenauigkeiten im allgemeinen Sprachgebrauch juristische Unterscheidungen gefährden

Der Cyberkrieg ist in aller Munde. Ein aktueller, in den Medien als „Cyberkrieg“ bezeichnete Vorfall vom 4. Oktober betraf die Spionageaffäre in den Niederlanden. Vier Agenten des russischen Geheimdienstes hatten versucht, in das Computernetzwerk der Organisation für ein Chemiewaffenverbot (OPCW) einzudringen, mit dem mutmaßlichen Ziel, die Ermittlungen zum Giftgasangriff auf den abtrünnigen russischen Agenten Skripal und seine Tochter zu sabotieren. Prompt nachdem die niederländischen Behörden über die Spionageaktion informiert hatten, war …

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Practitioner's Corner

Leveraging technology to enhance access to justice for children in Africa

To keep a finger on the pulse of time, technology and innovation are central to the implementation of the 2030 Agenda and the Sustainable Development Goals (SDGs). Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the 2030 agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through …

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DiscussionResponse

On ‘cyber trafficking’ and the protection of its victims

‘Cyber trafficking’ has become a buzzword in scientific and policy discussions related to human trafficking. However, as has been noted elsewhere, the term is far from being used in a uniform way. In her recent post, Sabine Witting discusses the case of trafficking that is exclusively committed online. In my view, ‘cyber trafficking’ is a much more wide-spread phenomenon than what her article seems to imply, occurring within many cases …

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DiscussionKick-off

‘Cyber’ Trafficking? An Interpretation of the Palermo Protocol in the Digital Era

The digital era has changed the traditional realm and modus operandi of organised crime, such as human trafficking. With the increasing access to and usage of the internet, major criminal activity has expanded to the online sphere. Law enforcement around the world is however largely not prepared for combatting cybercrime. Many states have not yet reached the capacity of drafting cyber specific legislation. In Africa for example, only 11 states …

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Digital surveillance and cyber espionageSymposium

Unilateralism ahead?

Human rights, digital surveillance and the “extraterritorial question” in international law

Here we are. It could seem a bit obvious to start with this overwhelming event, but it is truly important to stress that the recent results of the US elections will have far reaching consequences in many fields of international law, including the one that this post is dealing with: the yet unsettled complex set of issues of extraterritoriality with respect to surveillance practices. Indeed, one of the foreseeable developments …

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