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See detail“Every Student Can Learn, just not on the same Day” -Data Protection and Cybersecurity Challenges for E-Learning Platforms
Schmitz, Sandra UL; Schiffner, Stefan UL

Presentation (2021, April 14)

When George Evans stated that every student can learn, just not on the same day, he had probably not in mind the despair of pupils trying to access an e-learning platform during a national lockdown period ... [more ▼]

When George Evans stated that every student can learn, just not on the same day, he had probably not in mind the despair of pupils trying to access an e-learning platform during a national lockdown period. With the COVID19 crisis, online learning became an everyday commodity almost overnight; however, not all schools were prepared to swiftly switch from in class to remote teaching. Concerns were raised with regard to data protection and cyber security, which in some cases led to the implementation of “home-made” solutions. Taking the example of the federalist state of Germany, where education is within the sole competence of the Länder, this paper will explore the functioning and technical implementation of a variety of e-learning platforms before data protection concerns are addressed. We will then explore whether the NIS Directive, which foresees similar security requirements as the GDPR, is applicable to the diverse models, and outline the consequences. In light of the acceleration of the revision of the NIS Directive due to the COVID-19 crisis, we take the example of learning platforms to outline the flaws of the 2016 Directive before we critically evaluate selected aspects of the NIS 2.0 proposal of December 2020. [less ▲]

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See detailSynergies in Cybersecurity Incident Reporting – The NIS Cooperation Group Publication 04/20 in Context
Schmitz, Sandra UL; Anheier, Fabian UL

in European Data Protection Law Review (2021), 7(1), 101-107

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See detailDon’t Tell Them now (or at all) – Responsible Disclosure of Security Incidents under NIS Directive and GDPR
Schmitz, Sandra UL; Schiffner, Stefan UL

in International Review of Law, Computers and Technology (2021), 35(2),

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See detailNew Legal Aspects of the NISD Review
Schmitz, Sandra UL

Presentation (2020, December 02)

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See detailThe German Acton Improving Law Enforcement on Social NEtworks (NetzDG): A Blunt Sword?
Schmitz, Sandra UL; Berndt, Christian

E-print/Working paper (2018)

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See detailInternetdelikte und die Herausforderungen des Forum Shoppings
Schmitz, Sandra UL

E-print/Working paper (2017)

Detailed reference viewed: 57 (1 UL)
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See detailDas NetzDG und die CPS Guidelines zur Verfolgung strafbarer Inhalte in sozialen Medien
Schmitz, Sandra UL; Robinson, Gavin UL

in Taeger, Jürgen (Ed.) Recht 4.0 - Innovationen aus den rechtswissenschaftlichen Laboren (2017)

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See detailInternetrecht
Schmitz, Sandra UL

Article for general public (2017)

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See detailThe article 29 Working Party's Guidelines for Identifying the Lead Supervisory Authority in Cross-Border Data Processing
Schmitz, Sandra UL

in European Data Protection Law Review (2017), 3(1), 90-92

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See detailLänderbericht Deutschland
Schmitz, Sandra UL

in Cole, Mark; Ory, Stephan (Eds.) Fotografien in der Großregion (2016)

Detailed reference viewed: 63 (0 UL)
See detailDer Rechtsrahmen für Fotografien in der Großregion
Schmitz, Sandra UL; Matzneller, Peter

in Cole, Mark; Ory, Stephan (Eds.) Fotografien in der Großregion (2016)

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See detailThe Redtube Copyright Infringement Affair in Germany: Shame on Who?
Schmitz, Sandra UL

in International Review of Law, Computers & Technology (2015), 29(1), 33-49

Detailed reference viewed: 3571 (2 UL)
See detailThe Struggle in Online Copyright Enforcement - Problems and Prospects
Schmitz, Sandra UL

Book published by Nomos with Hart Publishing (2015)

How are copyright infringements on the Internet responded to? This study outlines the international, European as well as national legal frameworks with a particular focus on the law of the EU Member ... [more ▼]

How are copyright infringements on the Internet responded to? This study outlines the international, European as well as national legal frameworks with a particular focus on the law of the EU Member States France, the UK and Germany. As regards the analysis of national law, the study differentiates between enforcement mechanism against end-users directly and mechanisms that are directed against infringing materials as such. The study highlights that copyright enforcement on the Internet is a struggle to find the right target and an effective, yet proportionate enforcement mechanism. In addition to the outline and analysis of national approaches in terms of compatibility with fundamental rights and European law, a focus is set on questions of digital evidence and technological feasibility/efficiency of individual enforcement mechanisms. [less ▲]

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See detailFacebook’s Real Name Policy: Bye-Bye, Max Mustermann?
Schmitz, Sandra UL

in Journal of Intellectual Property, Information Technology and E-Commerce Law (2013), 4(3), 190-204

Facebook requires all members to use their real names and email addresses when joining the social network. Not only does the policy seem to be difficult to enforce (as the prevalence of accounts with ... [more ▼]

Facebook requires all members to use their real names and email addresses when joining the social network. Not only does the policy seem to be difficult to enforce (as the prevalence of accounts with people’s pets or fake names suggests), but it may also interfere with European (and, in particular, German) data protection laws. A German Data Protection Commissioner recently took action and ordered that Facebook permit pseudonymous accounts as its current anti-pseudonymous policy violates § 13 VI of the German Telemedia Act. This provision requires telemedia providers to allow for an anonymous or pseudonymous use of services insofar as this is reasonable and technically feasible. Irrespective of whether the pseudonymous use of Facebook is reasonable, the case can be narrowed down to one single question: Does German data protection law apply to Facebook? In that respect, this paper analyses the current Facebook dispute, in particular in relation to who controls the processing of personal data of Facebook users in Germany. It also briefly discusses whether a real name policy really presents a fix for anti-normative and anti-social behaviour on the Internet. [less ▲]

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See detailThe US SOPA and PIPA - A European Perspective
Schmitz, Sandra UL

in International Review of Law, Computers & Technology (2013), 27(1-2), 213-229

Detailed reference viewed: 172 (13 UL)
See detailHADOPI und DIGITAL ECONOMY ACT 2010: Zum Scheitern verurteilt?
Schmitz, Sandra UL

in Taeger, Jürgen (Ed.) Law as a Service (LaaS) - Recht im Internet- und Cloud-Zeitalter (2013)

Detailed reference viewed: 73 (11 UL)
See detailProtection of the Content of a 'Wiki' Database under the European Database Directive
Schmitz, Sandra UL

E-print/Working paper (2012)

Detailed reference viewed: 100 (6 UL)