Category Archives: European Private Law

‘Important new High Court judgment on data breach litigation’

“The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums. The case concerned a low-value claim brought against Dixons Carphone (‘DSG’) in relation […]

Burkhard Hess, ‘Reforming the Brussels Ibis Regulation: Perspectives and Prospects’

ABSTRACT According to article 79 of Regulation (EU) 1215/2012, the EU Commission shall present a report on the application of the Brussels Ibis Regulation by 11 January 2022. This paper intends to open the discussion about the present state of affairs and the necessary adjustments of the Regulation. Although there is no need to change […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

‘Amendment of German patent law: small step or giant leap for proportionality?’

“As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here, earlier Katpost here, news coverage here]. Though the amendment contains various reforms – including an effort obtain quicker validity decisions to close […]

‘The First Postgraduate Law Conference of the Centre for Private International Law – University of Aberdeen’

“The Centre for Private International Law (CPIL) of the University of Aberdeen is pleased to host its first postgraduate conference, which is to be held on 17 November 2021. The Postgraduate Law Conference aims at bringing together early career scholars working in the private international law field or at the intersection of European Union law […]

Frosio and Bulayenko, ‘Website blocking injunctions in flux: static, dynamic and live’

“In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement. The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU, although these measures are not implemented and applied in a uniform manner among the Member […]

Di Bernardino, Penedo, Ellul, Ferreira, von Goldbeck, Herian, Siadat and Siedler, ‘NFT – Legal Token Classification’

ABSTRACT This report is the first of a series of brief papers relating to the main legal aspects of non-fungible tokens (NFTs). The aim is to highlight NFT characteristics and provide an extensive but not exhaustive overview of the legal classification and frameworks across the globe. The report places a special focus on EU laws, […]

Zihao Li, ‘Standardisation of Blockchain and Distributed Ledger Technologies – A Legal Voice from the Data Protection Law Perspective’

ABSTRACT Blockchain has led to a new way of storing data and guaranteeing data integrity and transparency. However, tensions still remain between blockchain and the current legal system, especially data protection law. This paper chooses the General Data Protection Regulation (GDPR) in the European Union to identify how blockchain can be compatible with the principles […]

Paul Schwartz, ‘The Data Privacy Law of Brexit: Theories of Preference Change’

ABSTRACT Upon Brexit, the United Kingdom chose to follow the path of EU data protection and remain tied to the requirements of the General Data Protection Regulation (GDPR). It even enacted the GDPR into its domestic law. This Article evaluates five models relating to preference change, demonstrating how they identify different dimensions of Brexit while […]

Gerner-Beuerle, Paech and Schuster, ‘Study on Directors’ Duties and Liability in Europe’

ABSTRACT The liability regime of executive and non-executive directors in companies constitutes a necessary corollary to control issues within a company. It is based on the determination of specific duties, it establishes the limits of management behaviour and it provides stakeholders and third parties dealing with the company with legislative protection against management misconduct. In […]