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By Soulla Dionysiou, Lawyer * Transactions in Bitcoin do not constitute a bank transaction and certainly such transactions are not a criminal offence. This was ruled by the Berlin Court of Appeals in its recent decision which criticized the authority of the Federal Financial Supervisory Authority of Germany (BaFin). Αccording to a report published in the website of Frankfurter Allgemeine Zeitung (www.faz.net), the case concerned a 16-year old who created a digital platform in cryptocurrency, without being licensed by the Central Bank. BaFin, found a violation of the Banking Act and the Berlin Court then imposed a fine. The decision, however, was overturned by the Berlin Court of Appeals, which ruled that Bitcoin is neither a financial instrument nor a unit of account, and it is not an alternative currency or considered as electronic-money. In this very important decision, BaFin’s authority and competence for this type of transactions becomes questionable, as according to the decision,…

By Ioanna Michalopoulou, Lawyer LLM* The EU General Data Protection Regulation (GDPR) is not explicitly a global law, but it might be on the way to becoming a de facto law beyond the boundaries of Europe, at least for a number of businesses. GDPR, which was enforced on the 25th of May 2018, affects all businesses based in EU territory acting as data controllers or data processors of personal data of data subjects who are located within the Union, similar to the previous European data protection law (Directive 95/46/EC). An important question, then, arises as to whether businesses that are based outside the European Union and process personal data, fall under the GDPR’s scope. The European legislature, in an effort to protect data subjects from the arbitrary processing of their personal information by non-EU businesses, expanded the territorial scope of the Regulation. Article 3 GDPR states that the “GDPR applies to the processing of personal data of data subjects who are in the Union by …

UK nationals would be able to enter the EU visa-free for short periods after the country’s exit, provided EU nationals enjoy the same conditions when travelling to the UK. With 502 votes to 81 and 29 abstentions, plenary backed on 4/4/2019 the draft law exempting UK citizens from visa requirements to enter the EU for short visits after the country leaves the European Union. The legislation will apply from the day following the UK’s withdrawal from the European Union. From that date, UK nationals who are British citizens will not be required to get a visa for stays in the EU of up to 90 days in any 180-day period. The United Kingdom will be included in the list of more than 60 third-countries and territories whose nationals do not need to request a visa to enter the EU for business, tourism or to visit relatives or friends. The visa exemption does not provide for the right to work in the EU. The EU will grant the visa waiver to UK citizens unilaterally, but on the basis of reciprocity…

The European Court of Human Rights has elected on 1.April 2019 Linos-Alexandre Sicilianos (Greek) as its new President. He will take office on 5 th May 2019. Linos-Alexandre Sicilianos succeeds Guido Raimondi (Italy). Linos-Alexandre Sicilianos was born on 9 May 1960 in Athens, Greece. He is Judge of the European Court of Human Rights since 18 May 2011 He was elected as President of Section of the European Court of Human Rights since 1 February 2017 and Vice-President of the Court since 1 May 2017 . Mr Sicilianos is also author of five monographs, editor or co-editor of 14 books and author of about 100 articles and studies in general international law and the international protection of human rights, in French, English and Greek. Read more here

In judgment in the case of Rustamzade v. Azerbaijan (application no. 38239/16) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights.
The case concerned a student’s arrest and detention in 2013 for allegedly filming some friends dancing in a park and uploading the video of it to YouTube. He was charged with hooliganism and spent one year in pre-trial detention. He was convicted in 2014 as charged, as well as of mass disorder and arms offences which had in the meantime been added to the list of charges, and sentenced to eight years’ imprisonment. The Court found in particular that the facts relied on in the domestic proceedings could not reasonably be considered to constitute criminal behaviour as defined under domestic law or as interpreted by the higher courts. Mr Rustamzade had therefore been arrested and detained without a reasonable suspicion that he had co…