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Zitiervorschlag: Schlaepfer, LRZ 2021
The following article outlines how to utilize the problem-solving framework of human-centered design to create meaningful new interventions that increase collaboration and help lawyers integrate a human-centered approach effectively into their legal work.
Before the European General Data Protection Regulation went into effect, seemingly everyone was talking about the pending requirements and potential penalties. Requirements such as the “right to be forgotten,” data pseudonymization, privacy by design, oversight of data processors, appointment of Data Protection Officers, readiness assessments, data breach disclosure requirements and concerns about fines up to 4% of annual global turnover garnered much attention. Now, most lawyers, technology experts and corporate leaders fall into one of four categories: sufficiently compliant, behind schedule, unconcerned or engrossed in responses to Data Subjects. While some believe they are in compliance with all of the substantial requirements to protect personal data, others are scrambling because their initiatives are behind schedule. Moreover, a few business leaders have decided to chance using a minimally compliant strategy by not significantly investing in initiatives such as data pseudonymization or simply hiring a third party representative to act as their Data Protection Officer; and taking a “wait and see” approach to how the GDPR is leveraged by Data Subjects and enforced by authorities. Meanwhile, an increasing group of companies are contending with a growing number of access, deletion and remediation requests from Data Subjects
An introduction on how to set, measure and achieve KPIs to reduce and improve visibility of external legal spend.
Arbitration and digital transformation seem to be a perfect match. Especially during the current challenges the legal world is facing, arbitration has proven to be a reliable method to continue ongoing and initiate new disputes, to stay connected virtually and to keep learning through a variety of webinars. The rising use of virtual hearing centers and the switch from physical to virtual hearings is only one of the few adaptations we have seen recently. But, why is it that arbitration goes hand in hand with digital transformation and what are some of the down- and upsides when the use of technology expands significantly?
The following gives a brief response to these questions: Firstly, the flexibility and adaptability of arbitration is a key element of international arbitration and the parties' autonomy is inherent to the conduction of the arbitration (see section 1). However, when using new digital tools or new technologies, it is not the fanciest tool that wins. Rather, the one that provides a benefit to the practitioner and addresses the respective needs in each individual case (see section 2). Besides making the conduction of an arbitral proceeding (hopefully) more effective, digital transformation also supports diversity in international arbitration and plays a vital role in advocating for equality (see section 3).
Blockchain technology and the General Data Protection Regulation (GDPR) have both received considerable media attention. The GDPR was created against a backdrop of centralized data processing and does not take decentralized approaches such as blockchain into account. Accordingly, blockchain protocols and implementations pose significant challenges to the application of the GDPR. Notwithstanding, blockchain technology can also be seen as a means of data protection.
This three-part essay explores the application of the GDPR to blockchain-based data processing. Part one deals with the question of determining the data controller in blockchain systems because numerous responsibilities rest upon the data controller under the GDPR. This regulation is based on the assumption that there is always a data controller behind any processing of personal data. However, the data protection concept of ‘control’ does not accord with very notion of decentralized data processing.
On February 4th, 2004, from his dorm room surrounded by empty pizza boxes and beer bottles, Mark Zuckerberg launched thefacebook.com. We know the story that follows, one of a young prodigy who, through their intellect and initiative, created a service that changed the way we communicate. We praise characters like Zuck, Bezos, Larry & Sergey; as being modern figures of enlightenment. These individuals transformed big ideas into code that ended up in the hands of millions of people across the world, increasing standard of living whether it be through communication, access, or knowledge.
- Sven Bösing
- Attorney-at-law - Associate, Schalast Rechtsanwälte & Notare
- Dr. Jörg Kaufmann
- Attorney-at-law - Counsel, Schalast Rechtsanwälte & Notare
Citation suggestion: Kaufmann/Bösing, LR 2020, S. 209, [●], www.lrz.legal/2020S209
Part 1 of this three-part essay explores the foundations of the lengthy process of the digitalization of general meetings of stock corporations. These foundations go back to the beginning of the Internet and form the basis for understanding the current Covid-19 regulations.
- Ignaz Füsgen, EMBA
- Geschäftsführer, smartvokat
- Maria Govis
- Legal Transformation Advisor | smartvokat
Zitiervorschlag: Füsgen/Govis, LRZ 2021
‘Legal Service Portfolio Management’ empowers corporate legal departments to address their most pressing strategic business imperatives, such as velocity, resilience, and agility. Analogies drawn from other disciplines, such as Finance, IT and Marketing, help to understand the opportunities and potential of the portfolio concept and offer a roadmap for legal teams. This article is meant to open the dialogue on the advantages of service portfolio approach for the management of corporate legal function.
Smart contracts got a lot of hype. It was promised that they could replace banks, notaries and even the judicial system. Over time, it turned out that they can’t.
Excitement changed to caution. Technical limits, their security, and legal issues are getting more and more attention. For example, there’s a great summary of those in Jimmy Song’s article, The Truth about Smart Contracts[1] (which I really recommend).
At the same time, smart contracts are a great technology with serious potential. They can change the legal reality, the work of lawyers and the life of the business.
So, let’s see what they actually are, how useful they can be for the actual business and what they still can’t do. (To keep the article relatively short, I assume that everybody’s familiar with a general concept of smart contracts and myths related to them.)