The Territorial Scope of EU-Privacy Law; Two Opinions from AG Szpunar

By Stephan Mulders & Burak Haylamaz

On the 10th of January 2019, AG-Szpunar concluded in Google v. CNIL that a removal request based on the Google Spain v. Costeja judgement should not have a worldwide effect. However, on the 4th of June, the same AG concluded that an EU national court can, in fact, order an internet service provider to remove information worldwide in the case of Ewa Glawishnig v. Facebook Ireland.[1] In this post, we will analyze these seemingly contradictory opinions.

 

Both cases regard the right to privacy. The right to privacy is not an absolute but a relative right so that its scope must be balanced with competing rights, e.g. the right to freedom of expression and the right to access information of public. If there is a conflict between the right to privacy and the competing rights, a balancing test determines which right has primacy in a specific case.

Such balancing test is difficult -hence being queried- to accomplish if information is distributed over multiple countries as some countries tend to value privacy higher than the freedom of expression and vice versa. It is also questioned whether a national European court can effectively strike a balance on a worldwide level. These concerns, in turn, raise a legal question that whether European courts should extend their jurisdiction beyond European territories and order the removal of information in a global scale.

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How Technology Disrupts Private Law: An Exploratory Study of California and Switzerland as Innovative Jurisdictions

2018 is the first year in history when more than half of the world’s population is online. Since its dawn, the Internet has changed many aspects of daily life. The first wave of the Internet saw a change in communication: the use of e-mails and the rise of Internet browsers facilitated online transactions and marked the beginning of global access to goods. Then came wider access to services, in what is by now called the ‘gig’ economy: Internet platforms started matching demand and supply in sectors such as transportation, tourism and even entertainment. More recently, a new wave of decentralization through cryptography developments in distributed ledger technologies has challenged the fitness of established legal rules and practices and disrupted disrupting the law.

Legal systems have always had adapt to modernity. What is new, however, is that all aspects of human development are moving faster than ever and at an unprecedented scale, with unmatched complexity. By contrast, regulatory solutions for legal questions arising out of technology innovation have been rather slow and random. The legal status of Uber drivers as independent employees has been established in different jurisdictions around the world, but will it also apply to Youtubers? Such case-by-case approaches tend to increase legal uncertainty rather than reduce it. In a recent working paper I completed for the Stanford Transatlantic Technology Law Forum, I looked at a number of private law issues raised by disruptive technologies in two particular jurisdictions: California and Switzerland. The goal of the paper is to map and analyse regulatory responses.

This is an excerpt from a post on the Oxford Business Law Blog. Read the full blog post here.

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The ‘Private’ in Private International Law – 2018 Maastricht Private Law Lecture by Prof. dr. Symeon C. Symeonides

The Maastricht Private Law Lecture, hosted by the Maastricht Department of Private Law, is an annual event at which a most distinguished scholar is invited to give a lecture on a topic related to the wide field of private law. An interactive seminar with PhD-researchers will follow on the next day.

The 2018 Maastricht Private Law Lecture will be given by Prof. dr. Symeon C. Symeonides.

Symeon C. Symeonides is the Alex L. Parks Distinguished Professor of Law and Dean Emeritus at Willamette University, in Oregon, USA. He has drafted three private international law codifications (for Louisiana, Puerto Rico, and Oregon), participated in drafting some EU Regulations and two international conventions, and provided legislative advice to five foreign governments. He has published 27 books and more than 120 articles, some of which have been cited by the Supreme Courts of the United States, the United Kingdom, and Israel. He is the recipient of six academic prizes and a Lifetime Achievement Award. He has taught at Thessaloniki, Louisiana State University, Loyola, Tulane, NYU, Paris-I, Paris-V, Louvain-la-Neuve, and The Hague Academy of International Law. He is past president of the International Association of Legal Science and the American Society of Comparative Law. He holds two degrees summa cum laude in private and public law from the Aristotle University of Thessaloniki, an LL.M and an S.J.D from Harvard, and three honorary doctorates.

This event is open to all the community, but registration is required. Register here free of charge.

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Case C-20/17 Oberle on the EU Succession Regulation – The rise of a true European property law?

On 21 June 2018 the CJEU took its third decision after the EU Succession Regulation entered into force on 17 August 2015. The EU Succession Regulation is a revolutionary piece of EU legislation with very far reaching effect on national law. Although many authors have tried, both during the process of negotiations and after its adoption and entry into force, to limit the effects, the effects turn out to be far reaching indeed. In short, the EU Succession Regulation allows for a single legal system to apply to an entire succession estate and introduces a European certificate of succession that can serve as evidence throughout the EU of the rights and obligations arising under that succession regime, which is to be issued by a single competent authority.

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The Future of the Sharing Economy

The Question

Should Uber be considered as a company that offers transportation services or rather as a digital platform that offers information society services, operating merely to match passengers with drivers?

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10 Years After Romania’s Accesion to the EU: European Contract Law (Doctrinal and Empirical Observations)


The Maastricht European Private Law Institute and the Legal Research Institute of the Romanian Academy (Centre for the Study of European Law – CSDE) are organising a conference on current issues of European contract law. 2017 marks a decade after Romania’s accession to the European Union, which is a meaningful moment for legal researchers to evaluate various aspects in different sub-areas of private law with respect to the development of the Romanian legal system as a legal system of the European Union.

The conference will include both doctrinal and empirical observations on European contract law. At the same time, the conference will serve as a dissemination platform for the first empirical study on the application of European law by Romanian national judges.

The event will also honour Prof. Nicolae Turcu, the former president of the Romanian Legislative Council’s Civil Law Section, who passed away earlier this year, to the grief of both legal academia and practice.

The full programme of the event can be found here (in Romanian/English).

Registration requests can be sent to ardae2007@gmail.com until 20 October 2017.

The conference is free of charge.

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