Articles

• McLean, Sue / Deane-Johns, Simon, Demystifying Blockchain and Distributed Ledger Technology – Hype or Hero?, CRI 2016, 97-102
  Move over Bitcoin. It’s the “blockchain", the innovation that powers Bitcoin, that’s now grabbing all of the headlines. Supporters have been evangelising about the potential transformative power of distributed ledger technologies for some time. Indeed, many claim that distributed ledgers will be the most significant technology to disrupt business since the Internet. A whole host of major financial companies have publicised their interest and investment in this breakthrough technology, and governments and international bodies are increasingly discussing the potential implications of distributed ledgers on business, governments and the economy.Yet most businesses and their advisers have yet to understand distributed ledgers, let alone their real utility. Not since “the cloud" has one buzzword caused so much head-scratching. This Article attempts to demystify distributed ledgers, cut through the hype and outline what you need to know about this technology (I.), its potential to transform business (II.) and the legal and regulatory approaches (III.) and challenges (IV.).

• Weigl, Michaela, The EU General Data Protection Regulation’s Impact on Website Operators and eCommerce, CRI 2016, 102-108
  On 25 May 2016, the EU General Data Protection Regulation (“GDPR") entered into force within the European Union. When the GDPR becomes applicable on 25 May 2018 (Art. 99 (2) GDPR), it will replace the Data Protection Directive 95/46/EC “over night" (unless transition periods will be implemented, e.g. on a national level). The GDPR will, inter alia, impact a company’s Internet presence, including webshops. Therefore, companies operating a website and/or a webshop should consider rather sooner than later how the GDPR will impact their website documentation and data processing practices on their websites in order to be compliant by 25 May 2018. Given the GDPR‘s expanded scope this does not only apply to EU based companies that operate a website and/or a webshop, but also to companies outside the EU that, for example, operate a webshop and offer goods or services to customers in the EU, or companies that operate a website and place cookies on their customers’ computers in the EU and in doing so monitor the behavior of customers in the EU, Art. 3 (1) and (2) GDPR.This article focusses on four topics of particular interest for companies that operate a website and/or webshop and the upcoming changes in this regard: (I.) Privacy Statements, (II.) Customer’s Consents, (III.) Direct Marketing, and (IV.) Cookies.

• Orji, Uchenna Jerome, A Comparative Review of the ECOWAS Data Protection Act, CRI 2016, 108-118
  Following the spread of ICTs and Internet penetration in Africa and growing concerns over the protection of personal data in the information society, some African regional intergovernmental organizations have established legal frameworks on data protection. The Economic Community of West African States (ECOWAS) has adopted a regional Data Protection Act as legal framework to address data protection concerns amongst its member States in West Africa. The ECOWAS Data Protection Act recognizes that advancements in ICTs increases the problem of personal data protection and seeks to address the problem by establishing a harmonized legal framework for data protection in the ECOWAS region. This paper seeks to analyze the ECOWAS Data Protection Act while also comparing it with international data protection regimes such as the EU Data Protection Directive, Council of Europe Data Protection Convention and the EU General Data Protection Regulation. The paper also identifies some data protection governance mechanisms that are missing in the ECOWAS Data Protection Act and proposes the establishment of an institutional data protection governance mechanism within the framework of the ECOWAS framework in order to facilitate the regional harmonization of data protection law and the dissemination of best practices.The paper is divided into eight sections: The first section briefly examines the concept of data protection (I.). The second section introduces the ECOWAS Data Protection Act and also examines provisions relating to the regulation of data processing activities by National Data Protection Authorities including the authorization of specific data processing activities and regulation of data processing activities in public services (II.). The third section examines the general principles governing the processing of personal data under the Act (III.). The fourth section examines the specific principles governing the processing of “sensitive" personal data (IV.). The fifth section examines the rights of data subjects (V.). The sixth section examines the obligations of data controllers (VI.). The seventh section examines provisions governing trans-border data flows to non-ECOWAS Member States (VII.), while the eighth section examine some data protection governance mechanisms that are absent from the Act (VIII.).
• , CRI 2016, 118-126

Updates

• Fernández, Diego, Argentina: Uber’s Landing Experience in Argentina, CRI 2016, 126-127

About the Authors

• About the Authors, CRI 2016, 128