Jusletter IT

The article deals with the legal scope of the loss of data, its legal classification and the relating practical problems. Different types of data loss are constituted by means of various scenarios. The author concludes that, although legal protection instruments exist for most scenarios, the enforcement might prove difficult in particular cases. Additionally, the question arises whether protection should be enhanced, this notably related to the loss without third party influence and for the case of third party’s usage and exploitation of lost data. (ah)