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Die Suche erzielte 2 Treffer.

Understanding Distributed Ledger Technology from a Legal Perspective Journal Artikel

Georgios Bouchagiar

European Data Protection Law Review, Jahrgang 9 (2023), Ausgabe 2, Seite 148 - 156

Distributed Ledger Technologies (DLTs) have been widely endorsed in various areas and by numerous entities. With the promises of decentralisation, taking out the middlepersons and cost-efficiency, DLT-implementations seem desirable in various fields, from finance and copyright to health. However, all pros come with cons. DLTs’ architecture may by nature run counter to some data protection principles; this could limit or even halt innovation. Moreover, there is a tendency for (re)centralisation contesting the very nature of DLTs and risking having centralised systems serving the economic interests of the few big players, instead of the fundamental rights and freedoms of the many. Last, contemporary forms of DLTs, allowing for smart contracting, appear to challenge traditional contract laws. This contribution aims to address the above challenges. It argues that data protection laws, dynamically interpreted, could raise security thresholds and promote the development of user-friendly and decentralised DLTs, thus avoiding (re)centralisation; and that, while smart contracting appears suitable in various situations, it can be avoided where traditional legal contracts can better satisfy the individual needs and desires of the parties. Finally, the concluding section recommends that regulators wait for scientific advances in the field and carefully balance the fundamental rights and freedoms at stake before introducing DLTs in the public sphere. Keywords: Distributed Ledger Technologies | Decentralisation | Pseudonymisation | Smart Contracts


Adding and removing elements of the proportionality and necessity test to achieve desired outcomes. Breyer and the necessity to end anonymity of cell phone users Journal Artikel

Paul De Hert, Georgios Bouchagiar

European Data Protection Law Review, Jahrgang 7 (2021), Ausgabe 2, Seite 304 - 318

Case of Breyer v Germany Application no 50001/12 (ECtHR, 30 January 2020) The Breyer judgment concerns the storage of subscriber data by telecommunications service providers. To the Court, the collection and storage of such data amounted to interference of a rather limited nature. Additional safeguards were provided in the relevant German laws and there was independent supervision by the data protection authorities. The German lawmaker had not exceeded the margin of appreciation. There had been no violation of Article 8 of the European Convention on Human Rights.

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