EuroPol, Cancellation Button, Crypto Markets Ordinance – Telemedicus

+++ EU-wide data processing: The Europol Regulation entered into force

+++ Cancellation button: current law on reasonable consumer contracts

+++ EU regulation on cryptocurrency markets

+++ Copyright: No introductory question when selling computers

+++ Ibiza video: Investigations against alleged mastermind set

EU-wide data processing: The Europol Regulation entered into force
On Tuesday, the EU’s Europol Regulation (2016/794) entered into force, which greatly expands the powers of the European Police Office to process data. EuroPol is now able to “process personal data without categorizing the data subject, as long as and when necessary to support a specific ongoing criminal investigation.” National police services had long provided investigative data to European colleagues, for which there has so far been a lack of basis for treatment. This data can now also be used by the Regulation. Critics talk about legalization retroactively. In addition, EuroPol can receive, store and analyze personal data from companies such as intermediaries, banks and airlines.
To the message on heise.de.
For criticism on netzpolitik.org.

Cancellation button: current law on reasonable consumer contracts
Since 1 July, contracts that can be entered into online must also be able to be terminated online – by pressing the cancel button. It is stipulated that the button must be clearly designed with a clear wording such as “Cancel contracts here”. The receiving company must immediately confirm receipt of the termination. Exceptions are contracts that legally require written termination. The button solution is primarily used for consumer protection on the Internet and in this connection complements the buttons “Order at cost”.
To the message on heise.de.
To the message on chip.de.

EU regulation on markets for cryptocurrencies
The European Parliament, the Council of Ministers and the European Commission have in principle agreed on a Regulation on Markets in Cryptocurrencies (MiCA). Addressees are issuers of cryptocurrencies as well as trading venues and providers of virtual wallets. In the future, they should have a sufficient liquid reserve in the ratio 1: 1 to the digital values. Furthermore, the cryptocurrencies must be supervised by the European Banking Authority (EBA) and must therefore be domiciled in the EU. Information on the environmental and climate footprint of cryptocurrencies must also be provided. Holders of cryptocurrencies should be entitled to an exchange at any time and free of charge. Finally, transactions should be able to receive a daily limit. As a standard setter, great expectations are set for the regulation.
To the message on heise.de.
To the message on faz.net.

Copyright: No preliminary ruling on the sale of computers
BGH was allowed to decide a question of an obligation to pay remuneration without first submitting the case to the Court of Justice for interpretation. It decided BVerfG. The right to the statutory judge from Article 101 (1) of the Constitution. 1, point 2, is not violated. The Federal Court examined whether it had to submit its case first and whether it complied with the requirements of the European Court of Justice to give a preliminary ruling. The issue of copyright has already been clarified by the European Court of Justice. Specifically, BGH opted out of a copyright charge on computers if they were sold directly to commercial end customers.
For the news on lto.de.
By message from BVerfG.

Ibiza video: No criminal consequences for the alleged mastermind
The investigation against the alleged author of the so-called Ibiza video was suspended for evidentiary reasons and with reference to another verdict. The private detective was charged with fraud, forgery and misuse of audio recorders or listening devices. The video released in 2019 showed the then FPÖ Rector Strache in a conversation with a suspected Russian oligarch niece. The publication led to Strache’s resignation and break with the then ÖVP-FPÖ coalition.
For the news on lto.de.
To the news on Kronenzeitung.

  • Hans-Christian Gräfe is a member of the Telemedicus core team, a research fellow at the Weizenbaum Institute for the Networked Society and a lecturer at the Technical University of Berlin.

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