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One, Two, Three… Fault? CJEU Rules on Civil Liability Requirements under the GDPR
Marco Buzzoni, Doctoral Researcher at the Luxembourg Centre for European Law (LCEL) and PhD candidate at the Sorbonne Law School, offers a critical analysis of some recent rulings by the Court of Justice of the European Union in matters of data protection.
In a series of three preliminary rulings issued on 14th December and 21st December 2023, the Court of Justice of the European Union (‘CJEU’) was called upon again to rule on the interpretation of Article 82 of the General Data Protection Regulation (‘GDPR’). While these rulings provide some welcome clarifications regarding the civil liability of data controllers, their slightly inconsistent reasoning will most likely raise difficulties in future cases, especially those involving cross-border processing of personal data.
Colonialism and German PIL (4) – Exploiting Asymmetries Between Global North and South
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative. Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first post (after the introduction) dealt with classic PIL and colonialism. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking. The fourth and for the moment last (but not least) category deals with PIL rules that allow or at least contribute to the exploitation of a power asymmetry between parties from the Global North and the Global South. For example, this power and negotiation asymmetry, in conjunction with generous rules on party autonomy, can lead to arbitration and choice of law clauses being (ab)used to effectively undermine rights of land use under traditional tribal law.
After the first post, in the comment section a discussion evolved regarding the (non-)application of tribal law. One question asked for an example. This post can also (hopefully) serve as such an example.
Colonialism and German PIL (3) – Imagined Hierachies
This post is part of a series regarding Colonialism and the general structure of (German) Private International Law, based on a presentation I gave in spring 2023. See the introduction here.
As mentioned in the introduction, this series does not intent to automatically pass judgment on a norm or method influenced by colonialism as inherently negative. Instead, the aim is to reveal these influences and to initiate a first engagement with and awareness of this topic and to stimulate a discussion and reflection.
The first post (after the introduction) dealt with classic PIL and colonialism and already sparked a vivid discussion in the comments section. This second considered structures and values inherent in German or European law, implicitly resonating within the PIL and, thus, expanding those values to people and cases from other parts of the world. The third category discusses an imagined hierarchy between the Global North and Global South that is sometimes inherent in private international law thinking, for instances where courts or legislators abstractly or paternalistically apply the public policy to “protect” individuals from foreign legal norms. This is especially evident in areas like underage marriages and unilateral divorce practices found inter alia in Islamic law.
News
Registration open: Australasian Association of Private International Law inaugural conference, Brisbane, Australia, 16-17 April 2025
Registration is now open for the inaugural conference of the Australasian Association of Private International Law, to be held at the Ship Inn conference centre at Southbank, Brisbane from 16-17 April 2025.
The program features panels on
• Private International Law and Technology;
• Anti-suit and Anti-enforcement Injunctions;
• Private International Law and Climate Change; and
• Prenuptial Agreements.
Attendance at conference sessions can be used for CPD; check local requirements.
Conference fees
Reduced fees apply to members of AAPrIL. You can join the Association at https://aapril.org/membership/
Member (2 days) $110
Member (1 day) $60
Non-member (2 days) $150
Non-member (1 day) $80
Student: Free to attend the conference only.
Conference dinner: $110 for a three course meal and a selection of drinks
Aboute AAPrIL
The Australasian Association of Private International Law (AAPrIL) is a group of people committed to furthering the understanding of private international law in Australia, New Zealand and the Pacific region.
AAPrIL was founded in 2024 by private international lawyers from Australia and New Zealand who have known one another for years through engaging with the discipline of private international law, including through conferences of the Journal of Private International Law, meetings of the Hague Conference on Private International Law, and numerous other academic activities. The inuagural AAPrIL President is Professor Mary Keyes. The Hon Andrew Bell, Chief Justice of New South Wales.
Bi-Annual Conference of the Wissenschaftliche Vereinigung für internationales Verfahrensrecht (27–29 March, Münster)
The German Wissenschaftliche Vereinigung für internationales Verfahrensrecht, an association of German-speaking academics working on questions of international civil procedure law, will be holding its bi-annual conference at the University of Münster on 27–29 March 2025. The event is only open to members of the association.
The full programme can be found here; registration is possible here.
Call for Applications: Deutsches Notarinstitut (DNotI)
The German Notarial Institute (Deutsches Notarinstitut; DNotI), located in Würzburg, is currently looking for lawyers interested in contributing to the Institute’s mission of providing expert advice to German notaries, including in cross-border settings.
The full job advertisement can be found here.