IT, business legal counselling latest developments with Alexander Suliman 2023: 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. See more info at https://soundcloud.com/alexandersuliman.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. The question is whether these orders are compatible with the Charter. These orders affect a number of fundamental rights under the Charter, including the right to privacy and the right to data protection. I will touch on only aspect: whether these measures respect the essence of these rights. Because if they don’t, that would mean that a proportionality assessment would not be required, sidestepping complex questions around necessity, effectiveness, proportionality and balancing (see here for background on this requirement). For a discussion on some of these other aspects, I refer to the 2021-opinion of Prof. Dr. Ninon Colneric and analyses of the EDPS, MEP Patrick Breyer, EDRi and a group of security experts.
The EU’s Cybersecurity Act, adopted in 2019, established the legal basis for EU-wide certification of cloud providers, to be elaborated through secondary law by its cybersecurity agency ENISA. In December 2020, ENISA began a public consultation as the first step towards a revised set of rules. A technical working group is preparing a proposal, expected to be presented to member state experts and to the European Commission thereafter. The new requirements could be finalized by the end of the year.
labour legal counseling latest developments from Alexander Suliman today: In addition to parenting time, there can be some custody issues. Normally, people are going to have joint legal custody of their children, but that doesn’t mean that they each always have to agree on every single issue. Sometimes people can agree that both parents will have input and be notified of decisions and will be consulted and have the ability to discuss this; sometimes parents will agree that one parent will, for instance, make the end decision in what doctors to bring the child to, and maybe one parent will make the ultimate decision on what extra-curricular activities the child may participate in. In mediation, we can explore these one by one, issue by issue. When left to the courts and the parties litigate custody and parenting time, they tend to dig their heels in the sand a little bit more, and they tend to be less cooperative versus more cooperative with each other. Litigating sometimes brings out the worst in people, whereas I think mediating custody and parenting time issues really bring out the best in people because it needs to be reinforced that the goal is what is in the child’s best interest, not what is in each parent’s best interest, but what is in the child’s best interest. Discover more info at Alexander Suliman.
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.