Andrea Monti – Page 73 – On ICT law, politics and other digital stuff

September 27, 2017

The Flaws of the High Tech Advertising (or Why the Iphone X won’t never turn you into a better photographer)

The advertising strategy of the next technological gimmick is always based on what this gimmick can do and not what you can do with the gimmick.

This might sound counterintuitive, because if we look at the way the toys of the moment are presented to the prospect customers, the ads are focused on the opposite approach. Look at these landscape gorgeous pictures, incredible slow motion kids’ soccer match video or stunning portraits displayed everywhere on the web: isn’t all that an evidence that the communication is user-directed?

Well, let’s scratch the surface. Continue reading “The Flaws of the High Tech Advertising (or Why the Iphone X won’t never turn you into a better photographer)”

September 26, 2017September 26, 2017

About GDPR and Extraterritoriality

The extra-territorial aspect of the GDPR has been designed mimicking the criminal law approach enforced to punish crimes committed abroad by a national citizen. But while this approach works for criminal law, it doesn’t for civil (in the Continental meaning of the word) law that is strongly based on the jurisdiction (meant as “geographical limit to the power of a sovereign State) concept. Under this principle, a law can’t extend its reach outside the boundaries of the State that passed it. Continue reading “About GDPR and Extraterritoriality”

September 25, 2017

The Agenzia delle entrate possible data-breach and the Italian Data Protection Authority’s reaction

According to Il Sole24 Ore (the Italian financial daily newspaper), the Agenzia delle entrate (the public body entitled to the processing of Italian citizen’s tax information – about 20 billion, says the newspaper) has been shut down because of a bug allowing unrestricted access to those tax related information.

This is a clear infringement of the data protection by design and by default rule, as well as evidence that a poor security check has been done before opening the server to the Internet. But the Italian Data Protection Authority, instead of starting an investigation, just “asked for information”, a rather odd behaviour if compared to the attitude showed by the Authority toward the private sector.

I wonder if the DPA will use the very same light approach when a similar – and maybe less threatening – even should happen to some non public entity.

September 22, 2017September 22, 2017

The EUIPO wrong notion of Internet Domains

The European Union Intellectual Property Office published a chart to advocate the superiority of the trademark registration over the domain registration as a tool to protect a brand or a business name. But these information are legally incomplete and technically wrong.

Let’s see why. Continue reading “The EUIPO wrong notion of Internet Domains”

September 11, 2017

A CRISPR-Cas9 Research and the GDPR. A case-study

Personal genetic data processing is routinely believed to be subjected to Data Protection Regulations and in particular to the EU General Data Protection Regulation. While this is – in general – true, it is important to know exactly when and until where those regulation can affect the genetic research and – therefore – the possibility to find a cure for genetic diseases. Clearly, an actual life-or-death problem. Continue reading “A CRISPR-Cas9 Research and the GDPR. A case-study”