An analysis of the relation and differences between Article 5 paragraph 3 ECHR and Article 5 paragraph 4 ECHR

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According the Criminal Yearbook of 1990, the Court’s judgment in Brogan and others (EHRC 29 November 1988, A. 145-b) was very important for the development of the Dutch Criminal Law. As a result of this famous judgment, the Netherlands Minister of Justice requested the Moons’ Commission to advise speedily about a necessary amendment with regard to the period of custody.[1] Why? For a good understanding, I’ve to lay out the facts of this case.

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Who is the Data Processor (DP) and what are its responsibilities under the General Data Protection Regulation

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The data processor (DP) is an entity that processes personal data for the account, on instruction and under the authority of the Data Controller (DC)-other than the employee of the DC. This enity can be a natural or legal person, public authority, agency or another body. Art. 4 (8) GDPR process Personal Data (PD) on behalf of the Data Controller (DC).

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Rights of Data Subjects under the GDPR

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The Data Controller (“DC”) is the person who, alone or jointly, determines the purpose and means of the processing of personal data; in other words, is the person who decides why other’s personal data is processed and how it would be processed. Art. 4 (7) GDPR determines the purpose and means of the processing of Personal Data (PD).

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Training and Development

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Support your team with targeted professional training Current reality Many In-House Legal Departments do little to onboard new hires, missing an opportunity to activate and engage new team members. And once on-board, these departments typically offer fragmented training opportunities, or worse, rely on their HR teams to cover training and development. Desired state Help your teammates be effective, compliant, and energized by designing high-quality targeted training. Design a compelling new hire experience that equips your newest employees for success. Manage CLE requirements across the team to ensure compliance and help build skills in important emerging areas.Design and implement a new

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Technology

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Innovate, automate, and solve problems with technology Current reality In-House Legal Departments often rely on manual, time-consuming, and fragmented point solutions. They may lack an overall technology vision and are deploying costly applications that are underused and disconnected from the team’s workflow. Desired state Create a clear technology vision that spans all of the needs of your organization. Automate manual processes, digitize physical tasks, and improve speed and quality through the strategic deployment of technology solutions. Create and implement a long-term technology roadmap Incorporate connected tools for e-billing, matter management, contact management, IP management, e-signature, and more Automate repetitive or time-consuming

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Strategic Planning

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Current reality Many In-House Legal Departments are completely short-term and reactive in their planning, guided by the incoming work rather than larger strategic priorities. Desired state Set department mission/vision and develop strategic priorities that serve the needs of your department and the overall business. Bring a long-term, holistic perspective to your business planning while ensuring alignment to corporate imperatives. Connect short- and mid-term actions to long-term priorities that are aligned to the business Help your teams understand the bigger picture by creating a shared strategic framework Align to overall corporate priorities and direction Ensure strong alignment to business stakeholder needs

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Service Delivery Models

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Match the right work to the right resource Current reality In-House Legal Departments often assign work indiscriminately today, sending it to a “default” firm or vendor. This can lead to increased cost and diminished speed and quality. Desired state Create a complementary ecosystem of vendors, tightly connected to each other and to your business. Break your case work into pieces and route each component to the vendor best suited to deliver the desired outcome at the best cost. Analyze work types and processes (strategic nature, volumes, skill level required) to identify insourcing and or outsourcing opportunities Define and structure relationships

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Project/Program Management

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Launch and support special programs and initiatives Current reality Most In-House Legal Departments lack specialized program management skills and experience, making it difficult for them to implement effective initiatives at scale. Desired state Design, implement, and lead department-wide and company-wide initiatives that work. Take on complex special projects without losing focus or effectiveness elsewhere. Staff your program teams with trained professionals – not with lawyers Design change management efforts that make the best use of your people and resources Engage and communicate with stakeholders across the company Comply with corporate initiatives without compromising the quality or volume of ongoing work.

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