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Art. 54 CISA and Red Notices  German Administrative Court Casts Doubt on Reliability of Interpol
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Whether the maintenance of Red Notices by Interpol is in line with a person’s right to free movement within the European Union is the subject of a reference for preliminary ruling by the Adminstrative Court of Wiesbaden, Germany, launched on 27 June 2019. Read more

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EU Ne bis in idem
Council: The Way Forward in Data Retention 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council remains committed to establishing a European regime on the retention of electronic communication data for the purpose of fighting crime. Following the conclusions on data retention drawn under the Austrian Council Presidency in December 2018, the JHA Council again adopted conclusions in the matter at the end of the Romanian Council Presidency at its meeting on 6 June 2019. Read more

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EU Law Enforcement Cooperation Data Protection
PNR Collection Also for Maritime and Railway Traffic? 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Finnish Council Presidency intensifies discussion on whether the scope of the EU’s Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681) should be broadened. In a discussion paper, tabled on 25 June 2019, the Finnish Presidency invites the other Member States to discuss the usefulness and benefits of gathering PNR on other travelling forms. Read more

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EU Law Enforcement Cooperation Data Protection
Reference for Preliminary Ruling on Data Protection and Judicial Independence 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Administrative Court of Wiesbaden, Germany referred two questions for a preliminary ruling to the CJEU that deal with Regulation 2016/ 679 ‒ the General Data Protection Regulation (GDPR) – and the independence of the judiciary in the federal state of Hesse. Read more

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EU Fundamental Rights Data Protection
Draft Data Protection Guidelines on Videosurveillance 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 10 July 2019, the European Data Protection Board (EDPB) published draft guidelines on processing of personal data through video devices. The aim of the guidelines is to ensure the correct, consistent application of the EU’s General Data Protection Regulation (GDPR) in cases of ... Read more

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EU Data Protection
Implementation of the GDPR: Commission Generally Satisfied 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
Over a year after the application of the General Data Protection Regulation (GDPR), the European Commission makes an overall positive assessment. In a report, published on 24 July 2019, the Commission concludes that most Member States have set up the necessary legal framework and that the new governance system is falling into place. Read more

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EU Data Protection
Infringement Proceedings for Not Having Transposed EU Data Protection Directive 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 25 July 2019, the Commission lodged an infringement action against Greece and Spain before the CJEU for having failed to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities. On the same day, the Commission started an infringement procedure against Germany for not having completely transposed Directive 2016/680. Read more

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EU Data Protection
Spotlight Works on Interoperability of EU Information Systems Can Start – Legal Framework Established 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 22 May 2019, the new rules establishing a framework for interoperability between EU information systems in the field of borders and visa (Regulation (EU) 2019/817) and in the field of police and judicial cooperation, asylum and migration (Regulation (EU) 2019/818) were published in the Official Journal of the European Union. Read more

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EU Law Enforcement Cooperation Data Protection
Fair Trials: Study on Threats to Presumption of Innocence Regarding Presentation of Suspects in Criminal Proceedings 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 3 June 2019, Fair Trials – a NGO that stands for improving respect for a fair trial in accordance with international standards – released a report on key threats to the presumption of innocence if suspects are presented in public environment. Read more

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EU Procedural Safeguards
CJEU: Italian Law Differentiating Applicability of Negotiated Settlements in Line with EU Law 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
In its judgment of 13 June 2019 in case C-646/17 (Gianluca Moro), the CJEU ruled that Union law does not preclude domestic procedural rules that allow the accused person to request a negotiated penalty after the beginning of the trial only if there is a change in the accusation that is of a factual nature and not when the change is of a legal nature. Read more

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EU Procedural Safeguards
All Procedural Rights Directives Now Apply 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The transposition period for the directive on special safeguards for children in criminal proceedings (Directive 2016/800) ended on 11 June 2019. Together with the directive guaranteeing access to legal aid (Directive 2016/1919), which had to be transposed by 25 May 2019, it is the last piece of legislation that had to be implemented according to the 2009 Roadmap for strengthening procedural rights. Read more

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EU Procedural Safeguards
Evaluation of the EU-US Agreement on Tracing Terrorist Financing 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 22 July 2019, the Commission presented the “joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.” It is the fifth evaluation report on the agreement which entered into force on 1 August 2010. Read more

News Guide
EU Terrorism
Council Conclusions on Radicalisation in Prisons 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
At its meeting on 7 June 2019, the home affairs ministers/ministers of the interior of the EU Member States adopted Council conclusions on preventing and combatting radicalisation in prisons and on dealing with terrorist and violent extremist offenders after release. The Council pointed out that effective measures in this area must urgently be taken. Read more

News Guide
EU Terrorism
No More Ransom Initiative Turns Three 
10 September 2019
Riehle_Cornelia_Neu_SW.jpg Cornelia Riehle LL.M.
On 26 July 2019, the No More Ransom initiative celebrated its third anniversary. Today, the portal offers decryption to 109 different types of ransomware infections and is available in 35 languages. 150 partners, consisting of 42 law enforcement agencies, 5 EU Agencies and 101 public ... Read more

News Guide
EU Cybercrime
New Sanctioning Regime against External Cyber-Attacks 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
The Council has established a framework that allows the EU to impose restrictive sanctions against external cyber-attacks threatening the Union or its Member States. The framework comes in response to recent malicious cyberattacks that originated or were carried out outside the EU and affected the EU Member States’ critical infrastructure, competitiveness, and/or state functions. Read more

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EU Cybercrime
Cybersecurity Act Introduces Cybersecurity Certification and Strengthens EU’s Cybersecurity Agency 
10 September 2019
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl
On 7 June 2019, the EU added another piece of cybersecurity legislation: the “Cybersecurity Act” . It introduces a framework for European Cybersecurity Certificates and reinforces the mandate of the EU Agency for Cybersecurity (ENISA). Read more

News Guide
EU Cybercrime