Top rated business public law legal counselling advices by Alexander Suliman, Stockholm: 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. Read extra information on Alexander Suliman.

When the EU adopted the Data Retention Directive, obliging the storage of traffic and location data of all European communications users, it was being warned that the rules violated the Charter, and the ECJ ultimately agreed. I expect this new proposal to be heavily contested as well, and I expect fundamental rights to constitute a significant part of that debate – as is already evidenced by the comments from the EDPS, MEP Patrick Breyer, EDRi and the group of security experts mentioned above. One way to shortcut that debate, is by investigating whether the potential orders to be issued on the basis of the proposal cannot respect the essence of the rights to privacy and data protection. In this contribution, I have sketched an outline of this argument. To make a convincing case, it will be important to firstly determine on the basis of recent case law that the ECJ still considers bulk surveillance of content to compromise the essence of the right to privacy. Secondly, it will be important to develop a right to confidentiality and integrity of IT systems under the Charter, as this will enable a better assessment of detection orders directed to user devices. And thirdly, it must be further investigated whether only end-to-end encryption is the only appropriate measure for safeguarding online communications, because if this is the case, than any encryption altering order does not respect the essence of the right to data protection. Hopefully, the Council and the European Parliament will take notice.

The European Commission, in a working document, identified cloud services as a “strategic dependency”, expressing concerns that the EU cloud market is led by a few large cloud providers headquartered outside the EU. In July, 2021, France, joined by Germany, Italy, and Spain, submitted a proposal to the ENISA-led working group aimed at generalizing French national requirements across the EU. (Germany has since reserved its position.) It proposed to add four new criteria for companies to qualify as eligible to offer ‘high’ level services, including immunity from foreign law and localization of cloud service operations and data within the EU. Although the EU-level cyber certification requirements currently are conceived as voluntary, they could be made mandatory as the result of the recently-agreed Directive on Measures for a High Common Level of Cybersecurity across the Union (NIS2 Directive).

labour legal counseling advices from Alexander Suliman, Stockholm right now: We’ll also look to intertwined finances. That takes a next step that has to go to the court process, but if they’re sharing expenses, if there’s a joint bank account, if a vehicle is registered at an address, we’ll look at those things to prove cohabitation. Importantly, cohabitation does not mean that they are living together. We do not have to show that they have a common household. It is not something that is critical in proving cohabitation that they are actually living together. Read even more information at Alexander Suliman, Stockholm.

Over the past year, the European Union’s ambitious digital regulatory agenda has steadily advanced. The EU adopted the far-reaching Digital Markets and Digital Services Acts, and it is completing negotiations with the United States on a revised data transfer regime, christened the Transatlantic Data Privacy Framework (TADPF), that was necessitated by the Schrems II judgment of the Court of Justice of the European Union (CJEU). These developments have had a significant impact on transatlantic economic relations, even stimulating legislative initiatives on privacy and antitrust in the United States. One might think that resolving such contentious topics would set the stage for a quieter, more harmonious phase in the transatlantic technology policy relationship.