“Every Student Can Learn, just not on the same Day” -Data Protection and Cybersecurity Challenges for E-Learning Platforms

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 ▲]

Don’t Tell Them now (or at all) – Responsible Disclosure of Security Incidents under NIS Directive and GDPR

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

Don’t Put the Cart Before the Horse – Effective Incident Handling Under GDPR and NIS Directive

in Friedewald, Michael; Schiffner, Stefan; Krenn, Stephan (Eds.) Privacy and Identity Management (2021)

Don't tell them now (or at all) - End user notification duties under NIS Directive and GDPR

Presentation (2020, May 06)

The German Acton Improving Law Enforcement on Social NEtworks (NetzDG): A Blunt Sword?

E-print/Working paper (2018)

Das NetzDG und die CPS Guidelines zur Verfolgung strafbarer Inhalte in sozialen Medien

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

The article 29 Working Party's Guidelines for Identifying the Lead Supervisory Authority in Cross-Border Data Processing

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

Der Rechtsrahmen für Fotografien in der Großregion

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

The Struggle in Online Copyright Enforcement - Problems and Prospects

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 ▲]

Zur Durchsetzung von Urheberrechten im Internet: Ein Warnhinweismodell als Ausweg?

in Der Jurist (2013), 3