Frederike Zufall

Frederike Zufall
Max Planck Institute for Research on Collective Goods | COLL

Dr. iur.

About

34
Publications
2,022
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
2
Citations
Introduction

Publications

Publications (34)
Article
Full-text available
This article asks the extent to which the concept of the ‘right to be forgotten’ has been received by Japanese law – or whether, to the contrary, Japan is challenging the EU's concept. In a 2017 judgment, the Japanese Supreme Court rejected a request for injunctive relief to delete search results from the search engine Google. The decisive argument...
Conference Paper
Full-text available
Advances in the automated detection of offensive Internet postings make this mechanism very attractive to social media companies, who are increasingly under pressure to monitor and action activity on their sites. However, these advances also have important implications as a threat to the fundamental right of free expression. In this article, we an...
Conference Paper
Full-text available
We propose simple mathematical models for the legal concept of balancing of interests, to resolve the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. Our approach is based on the ide...
Chapter
Full-text available
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by...
Preprint
Full-text available
We propose a 'legal approach' to hate speech detection by operationalization of the decision as to whether a post is subject to criminal law into an NLP task. Comparing existing regulatory regimes for hate speech, we base our investigation on the European Union's framework as it provides a widely applicable legal minimum standard. Accurately judgin...
Preprint
Full-text available
We propose simple mathematical models for the legal concept of balancing of interests, to resolve the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. Our approach is based on the ide...
Article
This article examines the evolution of conflict rules in their perception of “place”: the basis for determining jurisdiction and the applicable law. To examine this topic from a global perspective, the legal systems of the EU, Japan, and the U.S. are analyzed and contrasted as representative legal systems from around the world. Europe can be seen a...
Article
Full-text available
With the establishment of the digital single market strategy, the EU is about to elevate the concept of its single market to the next level. While legal approximation has mostly been achieved from an economic perspective to date, digitalisation can be seen as a new catalyst for further expansion. The decentralised concept of the Internet diminishes...
Article
Full-text available
This article investigates whether Japanese civil law has an abstraction principle similar to that of German civil law – specifically, whether there is an objective transaction in addition to and independent from the obligatory transaction.

Network

Projects

Project (1)
Project
The project 'Articulating Law, Technology, Ethics & Politics: Issues of Enforcement and Jurisdiction of EU Data Protection Law under and beyond the GDPR' (ALTEP DP) inquiries into the continuously evolving articulations of law, technology, ethics and politics, searching for a better understanding of the boundaries that separate them, and that they create and sustain. EU data protection law is taken as a starting point, more concretely the landscape delineated by the General Data Protection Regulation (GDPR). This forms the common focus of three intersecting Research Lines (RL), and a transversal Research Line. The first RL investigates the nature of automation as a matter of compliance with the GDPR, focusing on legal provisions that lend themselves to automation and to issues of both technical and legal interpretability. The second RL develops a conceptual framework to address cross-border flows of personal data, especially in international humanitarian action. The third RL explores the increasing role of ethics in European privacy and data protection, and how this affects the complex articulations of law and other practices in democratic constitutional states. Based on these three research lines, a fourth transversal RL will study the role of law, and the way it transforms and evolves, in relation to technology (RL1), politics (RL2) and ethics (RL3). This demands thorough reflection on what characterizes such respective practices as ‘modes of co-existence’, defining society’s capacity to constantly re-constitute itself (RL4). https://lsts.research.vub.be/en/ALTEP_DP