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Showing posts from November, 2023

Vacancy: Legal Officer at the World Intellectual Property Organization (WIPO)

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Vacancy in World Intellectual Property Organisation: Legal Officer - 23363-FT / Business Development and Digital Content Disputes Section, WIPO Arbitration and Mediation Center, IP and Innovation Ecosystems Sector. Grade - P3 / Contract Duration - 2 years / Duty Station : CH-Geneva/ Application Deadline: 03-Jan-2024, 12:59:00 AM / Total salary:  $114,538 Coordinating with other vertical and horizontal WIPO sectors, the IP and Innovation Ecosystems Sector (IES) is responsible for helping Member States develop their IP and innovation ecosystems to drive enterprise and economic growth. IES is also responsible for providing support for researchers and innovators, as well as enterprises, including SMEs, in IP commercialization and otherwise using IP for business growth; issues relating to the emergence of IP as an asset class; and the development of advisory expertise in these and related areas, for example, in national IP strategies. Within...

Ombudsman asks Commission how it ensures EU funds for Greek border management do not contribute to fundamental rights violations

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The European Ombudsman has opened an inquiry into how the European Commission ensures EU funds granted to Greece for border management do not contribute to fundamental rights violations. The inquiry follows a complaint from civil society organisations, which alleges that funding allocated to Greece through the EU’s Internal Security Fund (ISF) is contributing to human rights violations on the country’s border with Türkiye. The complainants argue that the Commission has failed to investigate persistent allegations of rights violations caused by the misuse of ISF funds by Greek beneficiaries. As a first step, the Ombudsman has sent a series of questions to the Commission. They cover topics such as what measures the Commission has in place to monitor ISF spending, if allegations of fundamental rights violations have had an impact in its approach to allocating new EU funds to Greece, and what procedures it has in place to enforce fundamental rights requirements when it comes to funding...

Landmark decision by a Cyprus court: Compensation for the "haircut" of deposits in 2013

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An important decision was issued by the District Court of Limassol in Cyprus, which ruled in favor of the plaintiff, a Russian depositor of Laiki Bank, awarding damages of €780,832.90 for the "haircut" of deposits that took place in Cyprus in 2013, an amount which must be paid by the Central Bank and the Republic of Cyprus. This decision is the first to recognize the responsibility of the Republic of Cyprus and its obligation to pay compensation for the impairment of bank deposits made in Cyprus in 2013, after a number of rejection decisions on lawsuits brought by depositors who saw the savings of a lifetime to disappear overnight. The decision states in its conclusion: "The conclusion of the Court is that the impairment of the plaintiff's deposits was due to the negligent actions of the Central Bank (means the Republic of Cyprus) and the serious negligence of the CBC (means the Central Bank of Cyprus) and not for reasons relating to the rules of the market. The ...

Processing of personal data: decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding (ECJ)

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According to Judgment (16.11.2023) of the European Court of Justice in Case C-333/22 (Ligue des droits humains) as regards the processing of personal data, decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding. A court must be able to verify the grounds and the evidence on which they are based.  A citizen requests the Belgian autorité nationale de sécurité (National Security Authority) to issue him, for professional purposes, security clearance. He is refused that document on the ground that he had participated in demonstrations. Relying on his right of access to his data, that citizen makes a request to the Organe de contrôle de l’information policière (the Supervisory Body for Police Information), which informs him that he has only indirect access and that it will itself verify the lawfulness of the processing of his data. However, at the end of that verification, as allowed under Belgian law, that...

Urgent Binding Decision on processing of personal data for behavioural advertising by Meta

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On 27 October, the European Data Protection Board (EDPB) adopted an urgent binding decision instructing the Irish (IE) DPA as lead supervisory authority (LSA) to take, within two weeks, final measures regarding Meta Ireland Limited (Meta IE) and to impose a ban on the processing of personal data for behavioural advertising on the legal bases of contract and legitimate interest across the entire European Economic Area (EEA) . The urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to take final measures in this matter that would have effect in the entire European Economic Area (EEA). The ban on processing will become effective one week after the notification of the final measures by the IE SA to the controller. The Irish DPC has notified Meta on 31/10 about the EDPB Urgent Binding Decision. The EDPB takes note of Meta's proposal to rely on a consent based approach as legal basis, as it was reported on 30/10. The Irish DPC is currentl...

Editorial

Editorial
George Kazoleas, Lawyer