"Taking a country report approach, each contribution pays specific attention to the systematic implications (e.g. the relationship with the law of obligations and contracts, intellectual property law, and data protection law), to the influence on the formation of concepts and terms in the national law. In addition, the author of each country report investigates the use of the options which the EU legislator left in the discretion of national legislators (e.g. Art. 12 SGD). Finally, the book explores any voluntary extended implementation of the contents of the directives. It offers a complete guide to Digital Content Directive (DCD) and Sale of Goods Directive (SGD) and their implementation across the EU"--Bloomsbury Publishing website.
Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law By Nadežda Šišková, (ed.) The current extremely rapid and dynamic development of modern technologies and the unprecedented degree of their integration into the everyday life of every person are radically changing the previous modus vivendi in the society. The emergence of the Internet and the continuous development of digital technologies have brought into fore a number of new legal problems and issues that require a timely solution and proper and effective legal regulation by the EU as one of the leading regulators of the digital world. The technological developments have opened a new “window” to the borderless world of the Internet, giving a person an opportunity to exercise his/her fundamental rights at a new and unprecedented level. This unique book thus presents the key information and solves the related problems concerning the legal regulation of the usage of modern technologies in everyday life. The book is conceived in a form of a collective monograph prepared by an international team of renowned researchers from famous European Universities (Heidelberg University, Palacky University in Olomouc, Tallinn University of Technology, Comenius University in Bratislava and Shevchenko University in Kyiv) and scientific legal societies as well as top-level experts from practice. This team is representing the countries with the highest level of integration of modern technologies (Estonia, Germany, Czech Republic, Slovakia) or has a unique experience with provision of cyber security in the extreme conditions. The book creates a main output from the research project with the title “The EU and the Challenges of Modern Society (legal issues of digitalization, robotization, cyber security and prevention of hybrid threats)” granted by the EACEA in the category of Jean Monnet network. The publication of the book is supported by the financial subsidy in the amount of 3 000 Euro, sent by Palacky University to the Publisher (Intersentia). Topics that the authors focus on: - The European approach to the right to Internet access - Artificial Intelligence and the Challenges for the Theory of Human Rights - GDPR and the Right to Personal Data and Privacy in a Modern Society - Consumer Protection in the on-line World Future challenges in consumer protection - Competition Law in a Digital Economy - EU Regulation of On-line Platforms - Pricing Algorithms and Anticompetitive Agreements - EU legal framework of software security vulnerabilities - New Cybersecurity Rules for Markets in Crypto-Assets in the EU Law The primarily readers/users are: - legal experts in European law - legal researchers and scientific societies dealing with EU matters, - IT specialists, - personal data specialists, - scholars and students in European countries and America (UK, USA, EU and candidate countries, etc.). - compulsary source for students the Palacky University (Czech Republic), Heidelberg University (Germany), Talin Techinic University (Estonia), Comenius University in Bratislava (Slovakia), Kyiv Shevchenko University (Ukraine) Benefits: - the analysis of the most important and thorny legal issues of the process digitalisation, robotization and providing of cyber security - the proposals de lege ferenda concerning the optimal ways of legal regulation of the mentioned process Great number of key legislative acts were adopted at the level of the EU. The conclusions will summarise the key ideas of the authors and the proposals de lege ferenda concerning the whole text. The same refers to the preface, which will be prepared by the Vice-President of the European Commission Vera Jourová (responsible for Values and Transparency) which will relate to the whole text.
"Harmonising Digital Law" has become a crucial task for European and national legislation in view of the challenges of the "digital revolution" for the European Union and for its Member States. The implementation of the 2019 "Twin Directives" on the sale of goods and the supply of digital content and services represents one of the most important steps on this path so far. In addition to the harmonization of Member State law, the emergence of a uniform law of the EU is becoming more and more important with regard to the challenges of digitization, as recently shown in particular by the Internet Platform Regulations. In view of these changes at European and national level, 40 legal scholars from all EU Member States examine in this volume the impact of European legislation on the development of private law in Europe on the basis of common questions. A number of other contributions analyse the overarching features of harmonization, the contours and effects of legal unification with regard to the Internet Platform Regulations, Smart Contracts and the further perspectives of EU legislation in face of digital and sustainability challenges.
This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.
This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.
This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.
This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.
The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.
