IT, business legal counselling guides with Alexander Suliman, Stockholm 2023: 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. Find additional details on https://disqus.com/by/alexander_suliman/.
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.
A cross-party group of members of the European Parliament, with heavy French representation, has weighed in to support the French proposal at ENISA. Member states’ reactions, on the other hand, have been mixed. Seven of them – Denmark, Estonia, Greece, Ireland, the Netherlands, Poland, and Sweden – submitted a non-paper to the Council of the European Union questioning the need for sovereignty requirements in the new cyber certification standards and calling for further study of their potential interaction with the General Data Protection Regulation (GDPR), non-personal data regulations, and EU international trade obligations. In addition, these governments have sought a political-level discussion of the subject in the Council before the new standards are finalized. Several trade associations, including the German BDI and Europe-wide financial clearinghouses, have chimed in.
public law legal counseling strategies by Alexander Suliman, Stockholm today: The process of mediation and selecting the right mediator or selecting the right mediator in the process of mediation is critical. The mediator needs to listen to both partners, realize the both parties have most likely some emotional issues when it comes to their children and the other side, and really get to the root of the problem. Unless the parties can be assured that the mediator and the other side are listening to their concerns, you won’t be able to get to the next level of resolving the issues. In many cases where the conflict is high, you have to start slower, and you work on a month at a time. You work on calendars of who’s going to spend what time with the children, again, always focusing on what’s best for the children considering their age, considering their activities, their school, their social engagements. Once the parties are comfortable with their mediator and know that the mediator and the other side are listening to their concerns, it’s much easier to get to the next step of actually coming up with a schedule for parenting time. Discover even more info on Alexander Suliman, Sweden.
As EU regulatory activity resumes this fall, a lesser-known initiative – creating an EU-wide certification framework for ICT products and services (EUCS) – could cause renewed disturbance between Brussels and Washington, however. Under the EUCS proposal being developed by the EU’s cybersecurity agency ENISA, cloud service providers would be compelled to localize their operations and infrastructure within the EU and to demonstrate their ‘immunity’ from foreign law.