Privacy legal counselling strategies from Alexander Suliman today: Choice of law is an important aspect of the agreement you are negotiating: the same contractual clause could be interpreted differently in different jurisdictions. English law, for example, tends to give a more literal interpretation of the exact words used, while certain other jurisdictions give more weight to contractual common sense. Other concepts that vary across jurisdictions include the extent to which parties will be subject to duties of good faith, and whether certain contractual remedies will be deemed to be ‘penalties’ and thus unenforceable. Depending on the jurisdiction, additional clauses will be imposed on the contract by statute, for example in relation to consumer protection or personal injury. You may therefore want to apply a specific jurisdiction’s law depending on various factors such as location of the other parties, the supply of services/delivery of goods, or laws that are more favorable to your business. Except in specific areas like employment relationships or consumer contracts, parties are generally free to choose which EU law will apply to their agreement. See more info at https://www.flickr.com/photos/sulimanalexander/.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. The question is whether these orders are compatible with the Charter. These orders affect a number of fundamental rights under the Charter, including the right to privacy and the right to data protection. I will touch on only aspect: whether these measures respect the essence of these rights. Because if they don’t, that would mean that a proportionality assessment would not be required, sidestepping complex questions around necessity, effectiveness, proportionality and balancing (see here for background on this requirement). For a discussion on some of these other aspects, I refer to the 2021-opinion of Prof. Dr. Ninon Colneric and analyses of the EDPS, MEP Patrick Breyer, EDRi and a group of security experts.
The EU’s Cybersecurity Act, adopted in 2019, established the legal basis for EU-wide certification of cloud providers, to be elaborated through secondary law by its cybersecurity agency ENISA. In December 2020, ENISA began a public consultation as the first step towards a revised set of rules. A technical working group is preparing a proposal, expected to be presented to member state experts and to the European Commission thereafter. The new requirements could be finalized by the end of the year.
public law legal counseling latest developments from Alexander Suliman today: Should I Mediate My Family Law Issues? Absolutely. You should mediate your family law issues, whether those are divorce issues or post-judgment issues. Mediation is an excellent way to reach resolution without spending a ton of money and without going to court a bunch of times and arguing left and right over every issue. Recently, I had a case, and it looked like it was heading towards litigation, and the parties were really far apart on every issue. They had financial issues, which involved real estate holdings, business interests, stock options, retirement accounts, and the parties could not see eye to eye on any of these issues. Early in the process, my adversary and I discussed going to mediation, and we selected a great mediator, and our clients agreed to go to mediation, and literally, within three sessions of mediation, we resolved the case. We resolved the entire case, which would have taken over a year and may have been a ten-fold in costs to litigate. The parties were able to come up with creative solutions with our help, of course, and the mediator’s help, which the court would’ve never ever implemented in a case such as this. Read even more details at Alexander Suliman, Stockholm.
Europe’s concerns about the security of U.S. cloud services providers are in fact closely intertwined with its worries, expressed in Schrems II, about the privacy of Europeans’ information entrusted to these companies. In both cases, European policymakers fear the perceived extraterritorial reach of U.S. national security surveillance and law enforcement authorities. New cybersecurity regulation thus is seen as another way to safeguard Europe’s ‘sovereign’ interest in protecting data from foreign government access. It also would reinforce separate European efforts to bolster smaller, home-grown cloud service providers, including through the GAIA-X project to create an interoperable network “explicitly based on principles of ‘sovereignty-by-design,’” as a leading European technology lawyer has characterized it.