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Decision of LG Düsseldorf

The LG Düsseldorf found that the disputed information from the online merchant just do not conform to the required 1924/2006/EG, but against in Article 5 paragraph 1 of Regulation 1924/2006/EG formulated conditions would conflict .

Reason: In accordance with Article 5 paragraph 1 of Regulation 1924/2006/EG nutrition and health claims are allowed only if the substances referred to by the information in the relevant product in a quantity are the by generally accepted scientific knowledge is such as to obtain the claimed nutritional or physiological effect (Art. 5 para 1st b) i) of Regulation 1924/2006/EG). In addition, the substances concerned in the relevant product available in a form which is available for the body (Article 5 para 1 lit. C) of Regulation 1924/2006/EG). Also, the quantity of the product whose consumption can be reasonably expected to contain a significant amount of active substances as established by generally accepted scientific data to obtain the claimed nutritional or physiological effect (Article 5 para 1 lit. D) Regulation 1924/2006/EG).

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Health Claims Regulation – Interesting Case LG Düsseldorf

Recently, an online retailer received a warning that had sold on his commercial website mushroom food supplements. Because of the warning: has the dealer advertised, among other things, that promote “the ingredients of the edible mushroom Maitake in a natural way the body’s immune system and thus strengthen the immune system.” Also promotes the “Shining Lackporling health, wellbeing and performance and strength so that” on nutritional way the whole organism. ” The dealer was not allowed to advertise in the form, the court in Düsseldorf. Read the rest of this entry »

Cyber Charter of Fundamental Rights : V – IX

Here anothers of our Rights that we have to fight in cyber space…

VI. We have the Right to Maintain Control Over Our Data

Everyone should have access to the data that are available about him. What does that, one should not be taken. We want content on the Internet are in principle transferable to ensure that data and products of individuals can not be kept under wraps by a provider or a government. We must keep in mind that the control that a person is given, another is taken, the devil is in those details. This principle therefore also relates to the issue of copyright and related laws that purport to restrict and what exactly is a protected work. Also this principle raises questions about whether the wisdom of the masses belongs to the masses.

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Cyber Charter of Fundamental Rights

There are several of our Rights that we have to fight in cyber space…

I. We have the Right to Link to Us

Before we can talk to each other, we need to get in touch with each other. Hillary Clinton defined free networking as “the idea that government is the people’s access to the Internet, websites or contact the people should not stop themselves.” This principle also a basis for the discussion of network neutrality.

II We have the Right to Express Ourselves Freely

No one may curtail our right to freedom of expression. We recognize that there must be limits.But these limits should be defined as precisely as possible, so we must use in relation to an infringement not necessarily always the lowest common denominator. Freedom is our standard.

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From a sample of accounting firm Ernst and Young, quarter of the companies is inadequate security against cyber criminals.The economic crisis plays an important role.

Of the respondents, one in eight companies last year some were the victims of cyber fraud in which money was stolen. One in ten companies were copied sensitive information. Here I was terrified of it. Did not realize how close it was! The damage that cyber criminals cause is not known exactly, but this involves billions of euros. Not normal. Time for action.

Entrepreneurs should take measures against these cyber criminals, but by the economic crisis, they are less inclined to invest in system security. In 43 percent of respondents have access to the system is not sufficiently regulated and sensitive data. Read the rest of this entry »

In what is Russia top list of threats, Israel second, and France and Brazil shared third and fourth place? Moreover, with China as a shadow of options on everything going?

It is the ranking of countries where the most dangerous cyber crime comes from. In Russia, the combined state, organized crime and dangerous individuals destructive force. Israel used cybercrime to his political interests to defend, France supports there are economic interests them. From Brazil is becoming more electronic financial crime committed. And China is catching up, but everything goes so fast and so widespread that it is only a matter of time before the country also appears prominently on the list .

These warnings are in a long article in Atlantic Monthly, entitled Cyber Warriors. James Fallows, former correspondent in China, it is an alarming prediction: there will sooner or later an electronic equivalent of 9 / 11. And even now, says Fallows, we could see it coming. Read the rest of this entry »

Prevention of Crime Concerns : According The Analyst
Analyst Dr Lynsey Dubbeld of the CCV shall request that the conclusion that “stick approach” does not work, indeed from the report is pulled, but on the basis of a detailed analysis. “The repression” is indeed more to the fore. As concrete examples it cites: Read the rest of this entry »

In the accompanying press release refers to the CCV a very different tone. There, the criticism prevention of crime is just the increase in repressive measures. And get “the politicians” a completely different message. That approach is also leading in the media this morning. Politicians choose to fast for repression. The CCV was also demonstrated by the report. The focus’ on tough and strict penalties sorts negative side effects “, it is put on the website.

It is expressly found nowhere in the report. Not a word about ‘politics’, nothing about ‘side effects’ of severe punishment. On the effectiveness of sanctions, the report said nothing. However, the effectiveness of prevention: “The crime figures falling steadily in recent years and the relapse rates for the first time since taking over a decade off.” That would be the result of “all efforts at prevention.

Independent Monitoring of Lawyers and Notaries

Today, lawyers, notaries and bailiffs are made only under supervision as a complaint is filed against them. That change Hirsch Ballin. He must be an independent regulator with enough powers to “vigorously” to preventive action. The supervisor shall at all times to retrieve documents on their own initiative. Notaries and lawyers can not then rely on their confidentiality.

Read Article 7 of the regulation of professional conduct for notaries, as on the website of the Royal Notarial Professional Association, the more it is the duty of confidentiality. And read the rules for lawyers in that area.

According to the Minister an independent supervisory body within the Dutch Bar control to keep the lawyers. When notaries and bailiffs, the Financial Supervisory Agency, which monitors compliance with financial rules, have to keep on monitoring the compliance of other (non-financial) regulations.

Besides the disciplinary review is there, Hirsch Ballin stressed. The person who is complaints about notaries, bailiffs and lawyers continues to evaluate and possibly impose a penalty. Though the minister that the supervisor may affect some violations independently by means of an administrative penalty or fine under a load. In the latter, a supervisor of the offender an obligation to undo a violation. If those do not meet those requirements, he must pay a penalty.

Independent Monitoring of Lawyers and Notaries

Lawyers who focus only on profits and serve their own interests than those of their clients. Notaries who use clients’ money to close gaps in the accounts. Minister Ernst Hirsch Ballin (Justice, CDA) will independently monitor lawyers, notaries and bailiffs to prevent such incidents.

This requires the Minister in a letter to the House. He wants through preventive monitoring the quality and integrity of the professions monitor. “Any incident involving the violation of rules by an individual notary, lawyer or bailiff impairs confidence in the entire profession.”