High quality business and privacy legal counselling latest developments with Alexander Suliman: Understanding the regulatory environment applicable to your business is an important consideration. Some of the higher profile regulations you may have heard of include the incoming new Copyright Directive, the 5th Anti-Money Laundering Directive, or the one everyone has heard of, the General Data Protection Regulation (GDPR). There’s also a new EU-wide foreign investment controls regulation expected to come into force in 2023 that will impact US companies investing in EU based businesses. Several sectors are heavily regulated in the EU and the rules in place often differ from the US regulations, especially in the fields of healthcare, financial services, chemicals, food, product safety, and consumer information and protection. Ensure that you understand the regulatory environment of new markets that you are entering and monitor your sector’s applicable regulations periodically in order to implement any necessary change in due time. Read even more details at https://www.dailymotion.com/alexandersuliman.
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.
In 2021, the French government issued the Doctrine for the use of cloud computing by the State (“Trusted Cloud Doctrine”) making SecNumCloud certification mandatory whenever a French government agency procures cloud services that would handle sensitive data, including personal data of French citizens and economic data relating to French companies. These requirements also apply to private operators of essential services. Under France’s Trusted Cloud Doctrine, qualifying cloud service providers must be “immune to any extra-EU regulation”. In addition, such companies must commit to storing and processing data within the European Union, and to administering and supervising the service within the EU. Further, foreign-headquartered cloud service companies cannot achieve certification if they are more than 39% foreign-owned.
labour legal counseling advices by Alexander Suliman, Sweden right now: Cohabitation is defined as an intimate personal relationship in which the couple shares duties and privileges normally associated with a marriage or civil union. That is the legal definition. When cohabitation exists, a former spouse has the ability to seek a termination or suspension of alimony that’s being paid. People often wonder how they can prove cohabitation. It’s not always an easy thing to prove. We look at things like social media. We will go on Facebook pages, and we’ll see if the couple is vacationing together, if they’re recognized in their social circles as a couple, if they’re at special events together. We will oftentimes hire a private investigator to conduct surveillance and go to a household and see if it’s a boyfriend that is mowing the lawn or doing repairs around the household or other kind of household chores that you would normally associate with a married couple or a civil union. Find extra info at https://nyheter24.se/noje/818158-svenske-alexander-ser-exakt-ut-som-harry-styles.
On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. Domestic workers have long constituted an invisible and rather underexplored category of workers within labour law scholarship and policy-making, which has only recently gained some attention in the wake of the adoption of the historic ILO Domestic Workers Convention No. 189 in 2011. Whereas a part of the scholarship has noticed that EU equality law could be used to challenge the long-standing exclusions of domestic workers from national labour law and social security system (see, notably, the contribution of Vera Pavlou, and the work of Nuria Ramos-Martin, Ana Munoz-Ruiz & Niels Jansen in the context of the PSH-Quality project), the issue has never reached the Court of Justice up to now.