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The Greek Data Protection Authority has imposed a fine of 150,000 euros on PWC BS A.E. for violations of the General Data Protection Regulation. In particular, the Personal Data Protection Authority, upon a complaint, investigated on its own motion the legality of the processing of the personal data of employees of PWC BS (PRICEWATERHOUSECOOPERS BUSINESSSOLUTIONS SA) pursuant to which the abovementioned employees were forced to consent to the processing their personal data for three (3) distinct purposes. The Authority considered PWC BS as the controller: 1) has undergone unlawful processing, in breach of the provisions of Article 5 (1) (e); a) of the GDPR (principle of legality), the personal data of its employees, as it applied an inappropriate legal basis under Art. 6 (1)   a   GDPR (consent) instead of the appropriate legal basis for the performance of the contract, compliance with a legal obligation and the superior legal interest (Art. 6 (1), b, c' and g   ...

By George Kazoleas, Lawyer LL.M. The silence of a suspect or accused person in criminal proceedings is a right enshrined in the European Convention on Human Rights (Article 6 (1)). Unfortunately, in some legal systems and in their criminal practice, the defendant's silence is regarded as confession or acceptance of the charge, a practice that is fundamentally affecting the core of his defense rights. The right to silence is an important aspect of the presumption of innocence and its usefulness lies in protecting the accused person from self-incrimination. Monitoring compliance with the right to silence, as well as the related right of self-incrimination, is particularly critical for the offense, that a person is suspected or accused of having committed, but not for example in matters related to identifying a suspect or accused. The essence of the right to remain silent is to prohibit the suspect or the accused person from speaking, answering questions or providing info...

In Εuropean Court of Human Rights Grand Chamber judgment in the case of Strand Lobben and Others v. Norway (application no. 37283/13) the ECHR held, by 13 votes to four, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights in respect of both applicants, a mother and her son. The case concerned the domestic authorities’ decision to remove a mother’s parental authority and let foster parents adopt her son. The Court found in particular that the main reason for the authorities’ actions had been the mother’s inability to care properly for her son, in particular in view of his special needs as a vulnerable child. However, that reasoning had been based on limited evidence as the contact sessions between mother and son after his placement in foster care had been few and far between and the psychologists’ reports out-dated. In addition, a review of his vulnerability had contained barely any analysis and no e...

According to the Judgment of ECJ in Case C-649/17 (Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Amazon EU Sàrl), an e-commerce platform such as Amazon is not obliged in all cases to make a telephone number available to consumers before the conclusion of a contract. It is however obliged to provide those consumers with a means of communication allowing them to contact it quickly and to communicate with it efficiently. The company Amazon EU offers the sale of various goods, exclusively via a website, in particular, in Germany, via the site www.amazon.de. It was sued before the German courts by the Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. (Federal Union of Consumer Organisations and Associations) (‘the Federal Union’). The latter seeks to have it declared that Amazon did not respect its legal obligation to provide consumers with an efficient means to enter int...

The Annual Report on Monitoring the Application of EU law sets out how the European Commission monitored and enforced EU law in 2018. The online Single Market Scoreboard, also published today, evaluates the performance of EU/EEA countries in the EU single market and identifies the shortcomings where the countries and the Commission should step up their efforts. Citizens and businesses can only enjoy the many benefits of the single market if the rules that have been jointly agreed actually work on the ground. In November 2018, the Commission presented a fresh assessment of remaining barriers in the single market and called on Member States to be vigilant in implementing, applying and enforcing EU rules and refrain from putting up new barriers. For instance, from car emissions to e-commerce, from social media to the services sector, and much more besides. The Commission continues to ensure that EU rules are properly applied and enforce...

By  ADAM Global Τ he power of technology has always been incredible to all of us by simplifying our everyday lives. In order to stay in track and ahead in today’s fast paced competitive world, an increase in productivity has become a vital necessity. This, of course, must be aligned with rapid advancement in technology as traditional businesses are getting more and more familiarized with adapting digitization. But who would have thought a decade ago, that we will have a wonderful opportunity to have “virtual law firms”? YES, that’s right virtual law firms are the highlight trend of 2019. Legal cases can be a very hectic journey for both client and attorney. Hassle of time spent travelling, overhead costs and nerve-racking traditional environment can take a toll on the client. The virtual law firm is the solution to all these problems. Connecting to the desired lawyer, documentation transfer and other legal procedures are available online in the comfort of clients home or even...

By  ADAM Global  * Current Trends Affecting the Legal Industry The legal profession lacks qualified providers, the amount of legal work that is not reserved to qualified lawyers and that forms a big part of their income. This is where, “Legal technology” (legal tech or ‘lawtech’) is playing its huge role. The new provider competes on equal or more favorable terms than the law firm. Lawyers are now able to provide reserved activities and black letter law better, which is known to be more efficient and cheaper. Legal tech has excited the imagination of lawyers and non-lawyers alike as to its possibilities. In the legal sector the potential to do the same thing at a cheaper cost and more effectively is extremely appealing. In this blog we are going to the analyze the trends affecting the legal industry, and how the future of law firms will look like with the progress in legal technology.  AI and Technology: “Digital disruption all over the place” According to th...

The European Ombudsman, Emily O'Reilly, has drawn up a list of good practices after reviewing the anti-harassment policies in 26 EU institutions and agencies. The practices cover awareness raising, workplace risk assessment, regular policy monitoring, mandatory training, swift procedures, and rehabilitation measures. “While the EU institutions generally have good anti-harassment policies, my report shows that more can and must be done to bring them into line with the legitimate expectations of a post #MeToo society.” “The aim of this mapping exercise is to assist in the standardising of these identified practices across all EU institutions,”  said Ms O’Reilly. Other important measures include allowing trainees to make formal complaints about harassment; regular training for confidential counsellors and the setting up of a pool of independent investigators, which institutions can draw upon during formal harassment investigations. The Ombudsman notes harassment ca...

By George Kazoleas, Lawyer LL.M. The EU Court of Justice has issued important decisions in recent years on the issue of bank foreign currency loans, essentially in Swiss francs, which has created significant case law useful for defending the interests of borrowers who have been “trapped” by credit institutions in contracts with abusive currency risk clauses resulting in undue overchargings. In summing up this case-law, the European Court of Justice has reached the following main conclusions: 1.The loan agreement must set out in a transparent manner the exact functioning of the foreign currency conversion mechanism and the exchange rate clause so that the consumer can assess the financial consequences of this mechanism. 2.The borrower must be clearly informed by the bank that, by concluding a loan agreement in a foreign currency, he / she is exposed to a certain foreign exchange risk that he / she may find it difficult to cope with in the event of a devaluation of the currency a...

By Paris Hadjipanayis , Lawyer  The  EU Trademark Regulation  grants no express benefit to any trademark registered outside the European Union. Effectively, in the post Brexit era, UK national trademarks shall no longer enjoy protection from third-party counterfeiting, passing-off, unauthorized use, and distribution as well as licensing vis a vis exploitation by similarly confusing goods, services and intra-trades within the Union. This is partly because the European Union Intellectual Property Office [EUIPO] holds a database (art.112) via its online platform ( eSearch plus ) with all filed and registered EU marks for effectuating its checks and controls on a preliminary stage to either grant registration of a mark for the corresponding class of goods and services (as per the Nice Classification) or file an objection and/or reject the application. What is the tort of passing-off and why registration of a Trademark through EUIPO will become e...

By Soulla Dionysiou, Lawyer * Transactions in Bitcoin do not constitute a bank transaction and certainly such transactions are not a criminal offence. This was ruled by the Berlin Court of Appeals in its recent decision which criticized the authority of the Federal Financial Supervisory Authority of Germany (BaFin). Αccording to a report published in the website of Frankfurter Allgemeine Zeitung (www.faz.net), the case concerned a 16-year old who created a digital platform in cryptocurrency, without being licensed by the Central Bank. BaFin, found a violation of the Banking Act and the Berlin Court then imposed a fine. The decision, however, was overturned by the Berlin Court of Appeals, which ruled that Bitcoin is neither a financial instrument nor a unit of account, and it is not an alternative currency or considered as electronic-money. In this very important decision, BaFin’s authority and competence for this type of transactions becomes questionable, as according to the...

By Ioanna Michalopoulou, Lawyer LLM* The EU General Data Protection Regulation (GDPR) is not explicitly a global law, but it might be on the way to becoming a  de facto  law beyond the boundaries of Europe, at least for a number of businesses. GDPR, which was enforced on the 25 th  of May 2018, affects all businesses based in EU territory acting as data controllers or data processors of personal data of data subjects who are located within the Union, similar to the previous European data protection law (Directive 95/46/EC). An important question, then, arises as to  whether businesses that are based outside the European Union and process personal data, fall under the GDPR’s scope. The European legislature, in an effort to protect data subjects from the arbitrary processing of their personal information by non-EU businesses, expanded the territorial scope of the Regulation. Article 3 GDPR states that the “GDPR applies to the processing of personal data of d...

UK nationals would be able to enter the EU visa-free for short periods after the country’s exit, provided EU nationals enjoy the same conditions when travelling to the UK. With 502 votes to 81 and 29 abstentions, plenary backed on 4/4/2019 the draft law exempting UK citizens from visa requirements to enter the EU for short visits after the country leaves the European Union. The legislation will apply from the day following the UK’s withdrawal from the European Union. From that date, UK nationals who are British citizens will not be required to get a visa for stays in the EU of up to 90 days in any 180-day period. The United Kingdom will be included in the list of more than 60 third-countries and territories whose nationals do not need to request a visa to enter the EU for business, tourism or to visit relatives or friends. The visa exemption does not provide for the right to work in the EU. The EU will grant the visa waiver to UK citizens unilaterally, but on the basis of ...

The European Court of Human Rights has elected on 1.April 2019 Linos-Alexandre Sicilianos (Greek) as its new President. He will take office on 5 th May 2019. Linos-Alexandre Sicilianos succeeds Guido Raimondi (Italy).   Linos-Alexandre Sicilianos was born on 9 May 1960 in Athens, Greece. He is Judge of the European Court of Human Rights since 18 May 2011 He was elected as President of Section of the European Court of Human Rights since 1 February 2017 and Vice-President of the Court since 1 May 2017 . Mr Sicilianos is also author of five monographs, editor or co-editor of 14 books and author of about 100 articles and studies in general international law and the international protection of human rights, in French, English and Greek. Read more here

In judgment in the case of Rustamzade v. Azerbaijan (application no. 38239/16) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights. The case concerned a student’s arrest and detention in 2013 for allegedly filming some friends dancing in a park and uploading the video of it to YouTube. He was charged with hooliganism and spent one year in pre-trial detention. He was convicted in 2014 as charged, as well as of mass disorder and arms offences which had in the meantime been added to the list of charges, and sentenced to eight years’ imprisonment. The Court found in particular that the facts relied on in the domestic proceedings could not reasonably be considered to constitute criminal behaviour as defined under domestic law or as interpreted by the higher courts. Mr Rustamzade had therefore been arrested and detained without a reasonable suspicion that he had ...