Handbook Industry 4. 0 : law, technology, society / Walter Frenz, editor.

Format:

Book

Contributor:

Frenz, Walter, editor.

Series:

Law and Criminology Series

Language:

English

Subjects (All):

Industry 4.0.

Physical Description:

1 online resource (1221 pages)

Edition:

1st ed.

Place of Publication:

Germany : Springer, [2022]

Summary:

The handbook presents an overview of Industry 4.0 and offers solutions for important practical questions.The law and its current challenges regarding data assignment (who owns the data?/ EU guidelines), data security, data protection (General Data Protection Regulation), cyberattacks, competition law (right to access vs.

Contents:

Intro

Foreword by the former Minister President of the State of North Rhine-Westphalia, Armin Laschet

Foreword by the former Minister of State, Dorothee Bär

Industrie 4.0: A New Understanding of the Role Played by Humans and Technology

Foreword by the rector of the RWTH Aachen University, Ulrich Rüdiger

Preface

Contents

Part I: Legal Aspects

Aspects of the Digital Transformation of the Judiciary

1 Current State of Digitization and Perspectives on Technical IT Equipment

1.1 Legal Framework

1.2 State of Digitization in the Judiciary in North Rhine-Westphalia

1.2.1 Opening of the Electronic Legal Communication

1.2.2 Implementation of the Electronic File

1.2.2.1 IT Centralization as a Prerequisite for Electronic Legal Communication and Electronic Files

1.2.2.2 Current State of Electronic Filing

1.2.3 Outlook on Factual IT Equipment

1.3 Means and Channels of Communication

2 Organizational Questions

3 Legal Policy Engagement of North Rhine-Westphalia´s ``Working Group Digital New Start´´

3.1 Reliable Legal Framework?

3.1.1 Does Our Civil Code Need an ``Update´´?

3.1.2 Does the Legal Quality of Digital Data Require a Legal Provision?

3.1.3 ``Big Data´´

3.2 Only Occasional Need for Legislative Action in the Law of Obligations

3.3 Substantial Questions in Liability Law

3.4 Legal Tech as an Opportunity and a Challenge for the Judiciary

3.4.1 What Is Legal Tech?

3.4.2 General Theses

3.4.3 Privatization of Legal Protection?

4 Judicial Enforcement (Where to Go to Online Courts?)

4.1 Formal Level

4.2 The Online Court

5 Future Form of Justice

6 Conclusion

References

Who Owns the Data?

1 Digitisation and Law

2 Data Security and Protection

2.1 Source of EU Data Safety and Consequences.

2.2 EU General Data Protection Regulation: Regulation of Data Privacy

2.3 NIS Directive

2.4 Cyberattacks and the Necessity of Strengthened Regulation and Prosecution

2.4.1 Intensified State Activities After the Last Cyberattack

2.4.2 Alignment with New Judicature

2.4.3 Constitutional Protection Obligations Against Cyberattacks

2.4.4 Inadequate IT Security Act

2.4.5 Constitutional Protection Obligations on EU Level

3 EU Guideline for the Technical Implementation of Data Exchange

3.1 Open-Data Approach

3.2 Legal Principles

3.3 Expansions

4 Data Ownership

4.1 EU Law Reference Points

4.2 National Articles and Copyright Assessment

4.2.1 Essentials in Adjustment with the Federal Constitutional Court

4.2.2 Complimentary Usage of Platforms

4.2.3 Single Constellations

5 Results

Relevance of Data Security and Data Protection in Companies from the Perspective of Criminal Law

1 Introduction

2 Data Protection and Criminal Law

2.1 Violation of Trade and Business Secrets, Criminal Law Obligation to Protect Personal Data in the Company

2.2 Hacking Against the Company: The Criminal Relevance of Own Defensive Measures Against Attacks on Corporate IT

2.2.1 Domain Name System

2.2.2 Attack for Industrial Espionage

2.2.3 Drive-by-Downloads

2.2.4 Attacks via Backups or USB Sticks

2.2.5 Forms of Attack and Defense

2.2.6 Misattribution

2.2.7 Automatic Reaction to Attacks

2.2.8 Suction ``Honeypot´´ Method

2.2.9 Summary

3 State-Conducted Hacking Attacks: New Online Investigation Tools

3.1 Source Telecommunication Surveillance

3.2 Online Search

4 Digital Evidence

4.1 Characteristics of Digital Evidence

4.2 Importance of Digital Evidence

4.3 Contextualization and Misinterpretation

4.4 Digital Data and Evidence Standards.

5 ``Forensic Readiness´´ and Digital Compliance

5.1 Concept

5.2 Standards of Evidential Value

5.3 Integrity, Authenticity, Reproducibility

5.4 Compliance and Documentation of IT Forensic Standards

6 Perspectives: The Use of AI and Evaluation of Big Data in Criminal Proceedings and Preparatory Internal Investigations

6.1 Consequences of the Extended Use of Big Data, Algorithms, and AI

6.2 Quality of Data

6.3 Privatizing Surveillance Through Social Networks

6.4 Personalized Data

6.5 Differences and Limitations of Prognostic Decisions in Investigations

6.6 The Presumption of Innocence: Consequences to Big Data and Algorithm/AI-Based Investigations

Cyberattacks on Incident Relevant Facilities

1 Incident Operating Areas

2 Avoidance of Interference by Unauthorized Persons

2.1 Cyberattacks Known to Date

2.2 Cyber Insurance and Firewalls

3 Recommendations of the Commission for Plant Safety (KAS)

4 Further Considerations

4.1 Raising Employee Awareness

4.2 Review of Employees in the Hiring and Onboarding Phase

4.3 Technical Protective Measures, Especially DMZ

5 Conclusion

Industry 4.0: Prosecution Practice

1 The Digital Crime Scene

2 Digital Defense Strategies

2.1 Digital Leadership Culture

2.2 The Threats Posed by CyberCrime Work Across Industries, Sectors, and Company Structures

2.3 Awareness Alone Does Not Save a Company

2.4 There Is No Total IT-Security

2.5 The Crisis Is Certain

2.6 Repression Is Prevention

3 Of Myths and Legends

3.1 Criminal Charges Expose the Company to the Public

3.2 Investigations Cause More Collateral Damage Than Good

3.3 Nobody Likes To Have the Prosecutor at Their Footstep

3.4 Light Into the Darkness

3.5 And We Will Get Them After All

4 Prosecution As a Service

References.

Big Data and Artificial Intelligence: Law and Industry 4.0

1 Approaching the Term Big Data

2 The Importance of Big Data in Industry 4.0

3 Legal Basis

3.1 Generation and Protection of Data

3.1.1 Assignment According to Property Law Regulations

3.1.2 Allocation According to Regulations on Intellectual Property

3.1.2.1 Patent Protection

3.1.2.2 Legal Protection for Computer Software

3.1.2.3 Protection as Database Producer

3.1.2.4 Protection As a Corporate Secret

3.2 Purchase of Data (Data Use Agreement)

3.3 The Use of Autonomous Systems

3.3.1 Conclusion of Contract

3.3.2 Inclusion of General Terms and Conditions (GTC)

3.3.2.1 Establishment of the GTC

3.3.2.2 Enabling Information

3.3.2.3 Compliance With the Written Form

3.3.3 Liability Law

3.3.3.1 Tort Law

3.3.3.2 Contractual Liability for Incorrect Data

3.4 Data As Essential Facility

Media Law 4.0

2 Legal Principles of a Media Law 4.0

2.1 Conventional Regulation of the Media

2.2 Framework Conditions

2.3 State Treaty on Media

3 Media Creators

3.1 Journalists

3.2 Bloggers and Other `Amateur Journalists´

3.3 Influencers

3.4 Bots

3.5 `Robot Journalists´

3.6 Media Contents Based on Artificial Intelligence (AI)

3.7 State and Office-Bearers

4 Media Enterprises and Public-Law Media Providers

4.1 Institutional Framework of Media Creation

4.2 Public-Law Broadcasting Organisations

4.2.1 State Guarantee of Diversity of Opinion

4.2.2 `Broadcasting Law 4.0´?

4.3 Private Broadcasters

4.3.1 Relationship to Public-Law Broadcasting

4.3.2 Streaming Services As Broadcasting?

4.3.3 Media Concentration Law

4.4 Telemedia Providers

4.4.1 Telemedia Act (Telemediengesetz)

4.4.2 Comparison With Broadcasting Providers

4.4.3 Ad-Blockers.

4.4.4 Media Platforms and User Interfaces

4.4.5 Intermediaries and Providers of Social Networks

5 Recipients

5.1 Freedom of Information

5.2 General Public´s Interest in Having Freely Available Information

6 Persons Affected

6.1 Privacy Rights

6.2 Rights to Own Picture

7 Outlook

Data Protection 4.0

1.1 The Term Data Protection 4.0

1.2 Changes Due to Industry 4.0 and Relevance of Data Protection

1.3 Overview of Data Protection Regulations

2 Scope of Application

2.1 The Facts

2.1.1 Reference to Persons

2.1.2 Anonymisation and Pseudonymisation

2.1.3 Big Data

2.2 Territorial Cope

2.3 Other Data

3 Rights and Obligations

3.1 Responsibility

3.1.1 Definition

3.1.2 Privacy by Design and Privacy by Default

3.1.3 Information Requirements

3.2 Order Processing

3.3 Rights of the Data Subject

3.4 Infringements

4 Processing

4.1 Contract Performance and Pre-Contractual Measures

4.2 Legitimate Interest

4.3 Consent

4.4 Employee Data Protection

4.5 Special Categories of Personal Data

4.6 Transfers to Third Countries

4.7 Codes of Conduct

4.8 Purpose Limitation and Data Minimisation

Challenges in Data Protection in Business Transactions: An Overview Over Civil Law Approaches to Data Protection and Data Owne...

2 Industry 4.0: Terminology and Challenges

3 Principles: Data Protection Regulation of Private Relationships

4 Challenges for the Protection of Data and Information Between Companies

4.1 Business Transactions

4.1.1 Transfer of data Within Share Deals

4.1.2 Transfer of Data Within Asset Deals

4.1.3 Summary and Relevance

4.2 Whom Does Data ``Belong To´´? Status Quo and Perspectives (German Law)

4.2.1 Where Law Protects Data As Assets Already.

4.2.1.1 Protection by Contracts.

Notes:

Description based upon print version of record.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9783662644485

3662644487

OCLC:

1333079934