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Author: Inge Graef Publisher: Kluwer Law International B.V. ISBN: 9041183256 Category : Law Languages : en Pages : 442
Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Author: Inge Graef Publisher: Kluwer Law International B.V. ISBN: 9041183256 Category : Law Languages : en Pages : 442
Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Author: Christopher Kuner Publisher: Oxford University Press, USA ISBN: 9780199244232 Category : Business & Economics Languages : en Pages : 368
Book Description
EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002.
Author: Dário Moura Vicente Publisher: Springer Nature ISBN: 3030280497 Category : Law Languages : en Pages : 540
Book Description
This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.
Author: Susan Singleton Publisher: Bloomsbury Professional ISBN: 9781845924492 Category : Law Languages : en Pages : 263
Book Description
The second title in our new special report series, this authoritative guide considers how data protection and privacy law affect electronic commerce and business practice and provides vital compliance advice for any company doing business electronically or handling information relating to individuals.
Author: Sébastien Ziegler Publisher: Springer ISBN: 3030049841 Category : Technology & Engineering Languages : en Pages : 221
Book Description
This book provides an overview of the most recent developments in Internet of Things (IoT) security and data protection. It presents the results of several international research projects addressing this topic from complementary angles. It starts by analyzing the main privacy and security threats on IoT, as well as the evolution of data protection norms, such as the European General Data Protection Regulation (GDPR), and their impact on IoT. Through a comprehensive and systematic approach, the contributors present new perspectives on IoT & Cloud Computing security requirements. They discuss the most recent approach to support trusted IoT, including new models of privacy risk assessment, labeling and certification, and contractual tools (such as Privacy PACT). Practical implementations, such as in the European Large Scale Pilots on IoT for Smart Cities (Synchronicity), are presented, explaining how they address security, privacy and data protection. Finally, innovative models to secure IoT systems are presented for the network and end-nodes security, including network threats analysis.
Author: Gideon Toury Publisher: John Benjamins Publishing ISBN: 9027221456 Category : Language Arts & Disciplines Languages : en Pages : 320
Book Description
A replacement of the author's well-known book on Translation Theory, In Search of a Theory of Translation (1980), this book makes a case for Descriptive Translation Studies as a scholarly activity as well as a branch of the discipline, having immediate consequences for issues of both a theoretical and applied nature. Methodological discussions are complemented by an assortment of case studies of various scopes and levels, with emphasis on the need to contextualize whatever one sets out to focus on.Part One deals with the position of descriptive studies within TS and justifies the author's choice to devote a whole book to the subject. Part Two gives a detailed rationale for descriptive studies in translation and serves as a framework for the case studies comprising Part Three. Concrete descriptive issues are here tackled within ever growing contexts of a higher level: texts and modes of translational behaviour in the appropriate cultural setup; textual components in texts, and through these texts, in cultural constellations. Part Four asks the question: What is knowledge accumulated through descriptive studies performed within one and the same framework likely to yield in terms of theory and practice?This is an excellent book for higher-level translation courses.
Author: Dara Hallinan Publisher: Bloomsbury Publishing ISBN: 1509932747 Category : Law Languages : en Pages : 333
Book Description
1. The Dataset Nutrition Label: A Framework to Drive Higher Data Quality Standards Sarah Holland, Ahmed Hosny, Sarah Newman, Joshua Joseph and Kasia Chmielinski 2. A Right to a Rule: On the Substance and Essence of the Fundamental Right to Personal Data Protection Lorenzo Dalla Corte 3. What's in an Icon? Promises and Pitfalls of Data Protection Iconography Arianna Rossi and Monica Palmirani 4. 'We're All in Th is Together': Actors Cooperating in Enhancing Children's Rights in the Digital Environment after the GDPR Domenico Rosani 5. Risk to the 'Rights and Freedoms': A Legal Interpretation of the Scope of Risk under the GDPR Katerina Demetzou 6. Modelling and Verification in GDPR's Data Protection Impact Assessment: A Case Study on the AccuWeather/Reveal Mobile Case Wolfgang Schulz, Florian Wittner, Kai Bavendiek and Sibylle Schupp 7. In Search of Data Protection's Holy Grail: Applying Privacy by Design to Lifelogging Technologies Liane Colonna 8. Public Registers Caught between Open Government and Data Protection ? Personal Data, Principles of Proportionality and the Public Interest Geert Lokhorst and Mireille van Eechoud 9. Examination Scripts as Personal Data: The Right of Access as a Regulatory Tool against Teacher-Student Abuses in Cameroon Universities Rogers Alunge 10. The Proposed ePrivacy Regulation: The Commission's and the Parliament's Draft s at a Crossroads? Elena Gil Gonzl̀ez, Paul De Hert and Vagelis Papakonstantinou 11. CPDP: Closing Remarks Giovanni Buttarelli.
Author: Ronald Leenes Publisher: Springer ISBN: 3319507966 Category : Law Languages : en Pages : 309
Book Description
This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.
Author: Serge Gijrath Publisher: Kluwer Law International B.V. ISBN: 9041194088 Category : Law Languages : en Pages : 1058
Book Description
Since the second edition (2010) of this invaluable book – primary texts with expert article-by-article commentary on European data protection, e-commerce and information technology (IT) regulation, including analysis of case law – there has been a marked shift in regulatory focus. It can be said that, without knowing it, EU citizens have migrated from an information society to a digital single market to a data-driven economy. This thoroughly revised and updated third edition pinpoints, in a crystal-clear format, the meaning and application of currently relevant provisions enacted at the European and Member State levels, allowing practitioners and other interested parties to grasp the exact status of such laws, whether in force, under construction, controversial or proposed. Material has been rearranged and brought into line with the vibrant and constantly shifting elements in this field, with detailed attention to developments (most new to this edition) in such issues as the following: · cybersecurity; · privacy rights; · supply of digital content; · consumer rights in electronic commerce; · Geo-blocking; · open Internet; · contractual rules for online sale of (tangible) goods; · competition law in the IT sectors; · consumer online dispute resolution; · electronic signatures; and · reuse of public sector information. There is a completely new section on electronic identification, trust and security regulation, defining the trend towards an effective e-commerce framework protecting consumers and businesses accessing content or buying goods and services online. The contributors offer a very useful and practical review and analysis of the instruments, taking into account the fluidity and the transiency of the regulation of these very dynamic phenomena. This book will be quickly taken up by the myriad professionals – lawyers, officials and academics – engaged with data protection, e-commerce and IT on a daily basis.
Author: Inge Graef
Author: Inge Graef
Author: Christopher Kuner
Author: Dário Moura Vicente
Author: Susan Singleton
Author: 
Author: Sébastien Ziegler
Author: Gideon Toury
Author: Dara Hallinan
Author: Ronald Leenes
Author: Serge Gijrath