{"title":"Internal Audit, DPO and the adjustment of Three-Lines-of-Defense-Modell","authors":"Thomas Kahler","doi":"10.5771/9783748921561-163","DOIUrl":"https://doi.org/10.5771/9783748921561-163","url":null,"abstract":"Internal audit usually follows the Three-Lines-of-Defense-Modell (T-LoD).1 Within this modell the 1LoD is the business line – like sales and marketing. The 2LoD is checking whether the 1LoD adheres to internal policies, external law and adequately manages the risk. Risk management and compliance function are part of the 2LoD. The 3LoD is internal audit which has the oversight over both the 1LoD and similarly the 2LoD. But the T-LoD-modell fails when the DPO is defined as 2LoD. That derives from the independent position of DPO.","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121989346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Liability of private parties for data protection breaches","authors":"Tobias Jaquemain","doi":"10.5771/9783748921561-115","DOIUrl":"https://doi.org/10.5771/9783748921561-115","url":null,"abstract":"The applicable data protection law is based on the idea of protecting individuals from risks in connection with data processing. If no consequences are to be expected for the party responsible in the event of unlawful action, the mandatory character of the provisions will be rendered null and void. For this reason, both European law and German data protection law provide for legal remedies, liability and sanctions. Two trends can be identified in the amendment of data protection law and the drafting of the GDPR regarding the legal consequences: Penalties increase enormously and the individual whose rights have been violated is strengthened. The instruments for law enforcement have become more extensive, but from a private law point of view they have only grown gradually. The fine for administrative offences is and remains the classic sanction.","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115009731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Enforcing the law in the digital era – a key task for Europe”1","authors":"Winfried Bausback","doi":"10.5771/9783748921561-105","DOIUrl":"https://doi.org/10.5771/9783748921561-105","url":null,"abstract":"Increasingly, the forthcoming European Parliament elections in May2 are being described as a battle to decide Europe’s destiny. This is partly because Europe is often no longer regarded as a great achievement; instead, there are forces muscling into the European Parliament whose intention is none other than to destroy what Europe was once meant to be – an economic community and a community of shared values. The unbearably relentless wrangling about Brexit may have encouraged this alienation from Europe, but it would be far too simple to blame this shift first and foremost on the turmoil in the British House of Commons – because an achievement is always only as great as its perceived benefit to society. And, to overstate the argument somewhat, the acceptance of Europe will be decided not by major geopolitical issues like Brexit or by piecemeal regulations like the bans on lead pouring, drinking straws or cotton buds, but by how it handles the really important, socially relevant responsibilities and challenges. One such challenge is to manage the effects and excesses of the digital transformation process. In many areas of our lives, digitalisation is indispensable, and the same is true for a united Europe. It makes us what we are today: a modern information society. At the same time, however, the digital transformation can also represent an existential threat to this very society. Looking at the last 12 months alone, data integrity has simply taken far too many blows. In March 2018 it was discovered that the meanwhile bankrupt company Cambridge Analytica had used what was supposedly an academic research app to unlawfully harvest the personal details of tens of millions of Facebook users to then manipulate voters with targeted messages during the US election campaign. In September 2018, a security","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130622164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The “one for all lawsuit”","authors":"Katarina Barley","doi":"10.5771/9783748921561-89","DOIUrl":"https://doi.org/10.5771/9783748921561-89","url":null,"abstract":"Until recently, many consumers who had purchased a manipulated diesel car probably thought: “How is it possible that emissions levels have been manipulated and my expensive car has dropped in value, yet the people responsible don’t have to answer for their actions? All the same, I think I’d rather let the matter rest than take on a large car manufacturer and its legal department.” And who can blame them for thinking that? Nobody really wants to be involved in a legal dispute: they’re complicated, the evidence is often ambiguous, and the risk of losing is extremely high as a result. This is precisely why adding a new mechanism under civil procedure law was the right thing to do. The result is the “one for all lawsuit”, which has been in force since 1 November 2018.","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128792873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"There Shall be Order! A Proposal for More Structured Normativity on the Internet","authors":"M. Kettemann","doi":"10.5771/9783748921561-97","DOIUrl":"https://doi.org/10.5771/9783748921561-97","url":null,"abstract":"Can you recall a time before the internet? When you read newspapers, called your friends on the landline and watched what the TV offered, like everyone else? Things have changed considerably in this age of instant and self-curated news consumption and mediated personal relations management. The internet has evolved into a central space for societal interaction, both locally and globally. But new technology must also bring new law – or not? Law is indeed society’s most important medium to ensure order, rule and justice. Understanding the genesis, content and legitimation of legal and non-legal rules on the internet, and the constitution of the rule of the internet, thus become essential.","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133934750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Struggling with users’ consent: Economic approach to solve the issue of coupling","authors":"A. Golland","doi":"10.5771/9783748921561-121","DOIUrl":"https://doi.org/10.5771/9783748921561-121","url":null,"abstract":"Although it has always been discussed in jurisprudential literature, the socalled “prohibition of coupling” – making the provision of a service conditional on the user’s consent – has been lurking in the shadows of the former German Federal Data Protection Act. A change is foreseeable with the General Data Protection Regulation (GDPR): Art. 7 para. 4 GDPR clarifies that the provision of services may not be made dependent on the granting of consent. Nevertheless, this apparent novelty of data protection law raises many questions. While representatives of business practice in particular reject the application of the prohibition of coupling in numerous constellations, its apologists are issuing grim warnings of the end of all datadriven services in general. This article proposes a solution that is equally suited to the protection of the privacy of data subjects as well as the economic interests of service providers.","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123539961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Titelei/Inhaltsverzeichnis","authors":"","doi":"10.5771/9783748921561-1","DOIUrl":"https://doi.org/10.5771/9783748921561-1","url":null,"abstract":"","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126970782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Turning point","authors":"Thomas Kahler","doi":"10.5771/9783748921561-11","DOIUrl":"https://doi.org/10.5771/9783748921561-11","url":null,"abstract":"","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121922058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cookies consent","authors":"Thomas Kahler","doi":"10.5771/9783748921561-67","DOIUrl":"https://doi.org/10.5771/9783748921561-67","url":null,"abstract":"","PeriodicalId":326055,"journal":{"name":"Turning Point in Data Protection Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124303274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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