Jusletter IT

Dear readers

The current issue of Jusletter IT focuses on Blockchains. Hans Kuhn, Cornelia Stengel, Luzius Meisser and Rolf H. Weber discuss the legal framework for Blockchain and Distributed Ledger Technology with focus on tokens regarding civil law within the context of the Federal Council's preliminary draft of 22 March 2019. In addition, Jürg Baltensperger deals with the topic of Blockchains in connection with the fight against money laundering. He proposes concrete tools for minimizing money laundering risks in decentralized systems. Barbara Anita Möri examines the compatibility of Blockchain technology with data protection and analyses the technical aspects and responsibility of the system.

As part of the Swiss Data Protection Forum session on e-voting – Voting secrecy and data protection, Benedikt van Spyk, Christian Folini and Reto Fanger discuss the technical challenges of e-voting systems which arise from the tension between the requirements for maintaining voting secrecy on the one hand and the claim to data quality and the associated reconstructability on the other. The discussion is presented in three podcasts. Valentin Conrad also deals with data protection in connection with collecting personal data on the Internet. He comments and compares the legal situation in the EU (GDPR) with the situation in Switzerland (FADP).

Can the children's rights to their own image really be enforced? Anne Mirjam Schneuwly and Jonas Fischer pursue this question by analysing the legal situation with a special focus on age-specific self-determination and the inherent protective rights of the child's personality. Nicolai Bleskie focuses not only on the rights of personality but also on intellectual property. He analyses the currently discussed copyright reforms in the EU and Switzerland and points to the limits of unlimited possibilities on the Internet.

How are net neutrality and network neutrality limited? Pascal Favrod-Coune presents the current conditions in Switzerland and compares the situation with the USA and the EU. He discusses the necessary and possible adjustments at the level of online platforms in order to achieve more Internet neutrality.

In his practice-oriented analysis of cloud-based service level agreements, Philippe Gilliéron discusses the best practices and focuses on topics such as availability, response times of service providers and troubleshooting.

A new technology is discussed by Jakub Harašta, Jaromír Šavelka, Frantisek Kasl and Jakub Míšek. They present a tool for automatic segmentation of decision texts in Czech supreme courts with the aim of using it for automatic reference recognition in data processing. Jakub Gładkowski, Aleksander Kulasza also deal with new technologies which are based on legislative changes in Poland. They discuss the dematerialization of securities and the simple joint-stock company as a new legal form of operative business activity.

We hope you enjoy reading, listening and watching this issue!

Editor, ao. Univ.-Professor Vienna, AT
Franz Kummer
Editor, Co-owner Weblaw AG Bern, CH


P.S: The 5th Weblaw Forum LegalTech will take place in Bern on 5 June 2019. The focus of the event will be «People and Machines». To enable participation for the international audience of Jusletter IT, the event will be streamed live. You can register and obtain further information here: https://www.weblaw.ch/forum.


Webinar@Weblaw series «Blockchain & Emerging Technologies», 6, 19 June and 3 July 2019, data protection, financial market law and other topics. You can register and obtain further information here: https://www.weblaw.ch/blockchain-reihe2019.


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