In order to ensure a consistent and high level of protection of the rights and freedoms of natural persons with regard to the processing of such data and to remove the obstacles to flows of personal data in all Member States of the EU, the “General Data Protection Regulation (GDPR)” was adopted in 2016. Today, the GDPR is the main legislation in the EU for the protection of personal data of the natural persons. Due to the increased value of personal data in EU Member States, the objective of the GDPR is to provide high level protection of the data while harmonizing data protection within the EU. Even though it aims at a high level of data protection, it is questionable whether it actually achieves this objective. Since the natural persons provide their personal data on Internet frequently in order to purchase a product, the protection of consumers’ personal data is a significant matter in practice. In order to throw light on this matter, this thesis inquires the protection of consumers’ data in the EU regarding electronic contracts with businesses. Within the context, the main point that is discussed in this work is whether the personal data protection provided under the GDPR is sufficient to protect consumers' data regarding electronic contracts with businesses and some possible solutions and proposals to reduce the deficiencies of the GDPR protection.
This 5th volume in the "Munster Colloquia on EU Law and the Digital Economy" focuses on one of the most important challenges faced by private law in this era of digitalization: the effects of "data as counter-performance" on contract law; a phenomenon acknowledged by the EU legislator in the new "Digital Content Directive" 2019/770. In this volume, legal experts from across Europe examine various issues, in particular contract performance and restitution, and the relationship between contract law and data protection, central to the question: Contract law 2.0?
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
If money is the lifeblood of business, contracts are the arteries that help carry it around the commercial body. Anyone in business is liable to have to deal with business contracts, but few are trained to do so. Even those that are trained may have experience in limited areas or in the distant past. But the right contract can make a vital difference, not just to recording and enforcing, if need be, the contract terms, but also in ensuring the agreement deals with the real issues and approaches them in a practical way. Finding help in this area is not easy, as the market tends to offer little between serious academic tomes on the one hand and student summaries geared to exams on the other. Business Contracts Handbook fills that gap, covering both the basics of contract law in an accessible style and using a thoroughly practical approach to understanding and negotiating the key terms in a business contract. If you have little prior knowledge, Charles Boundy's many years of experience in drafting and providing guidance on business agreements of all kinds will enable you to acquire a working background quickly. If you have years of experience you will still benefit from a checklist, a reminder of what is important and why, and an easy reference to up-to-date language and drafting - there is always more to learn.
This book analyzes the business model of enterprises in the digital economy by taking an economic and comparative perspective. The aim of this book is to conduct an in-depth analysis of the anti-competitive behavior of companies who monopolize data, and put forward the necessity of regulating data monopoly by exploring the causes and characteristics of their anti-competitive behavior. It studies four aspects of the differences between data monopoly and traditional monopolistic behavior, namely defining the relevant market for data monopolies, the entry barrier, the problem of determining the dominant position of data monopoly, and the influence on consumer welfare. It points out the limitations of traditional regulatory tools and discusses how new regulatory methods could be developed within the competition legal framework to restrict data monopolies. It proposes how economic analytical tools used in traditional anti-monopoly law are facing challenges and how competition enforcement agencies could adjust regulatory methods to deal with new anti-competitive behavior by data monopolies.
'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application – or indeed inadequacy – of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.
Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.
The COVID-19 pandemic has been a very strong reminder that the future economic development of any country is more than ever influenced by its ability to ramp-up digital competitiveness. Consequently, enterprises were pushed to assess and develop the possibilities offered by e-commerce and online marketing tools. In this book, experts outline the prerequisites for such online marketing competitiveness and compare the current level of digital marketing competitiveness in Europe by using publicly available macro and micro-level data. The authors present their analyses and recommendations including interviews with over 125 online marketers and e-commerce specialists and present the lessons from digitalization of over 600 SMEs.
This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.
