Big Data in the Digital Economy: Prospects for Application and Legal Regulation

2021 ◽  
pp. 37-42
Author(s):  
E. K. Gubaydullina
Keyword(s):  
Big Data ◽  
Legal Regulation ◽  
Digital Economy

DEVELOPMENT OF INNOVATIVE FORMS OF FINANCING IN THE DIGITAL ECONOMY

2021 ◽  
Vol 1 (5) ◽  
pp. 83-92
Author(s):  
O. A. DUBROVSKAYA ◽  
◽  
M. V. MEL’NIK ◽  
Keyword(s):  
Swot Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Method ◽  
Foreign Countries ◽  
Business Financing ◽  
Theoretical Foundations

The study presents the theoretical foundations of crowdfunding, describes its models and classifications. SWOT analysis is used as the main method. Weaknesses and strengths, opportunities and threats of alternative financing are considered. The correspondence of different models of crowdfunding to the peculiarities of the activities of enterprises is shown. Of particular interest is the organization of crowdfunding in foreign countries, where this phenomenon is not considered new and is a healthy competitor to traditional sources of business financing. The advantage of the legal regulation of crowdfunding is considering the peculiarities of many its varieties and models.

Prospects for Cooperation Between Russia and the Republic of Korea in the Fields of Big Data, Network and Artificial Intelligence for the Development of the Digital Economy

2021 ◽  
Vol 65 (8) ◽  
pp. 51-60
Author(s):  
Yujeong Kim
Keyword(s):  
Artificial Intelligence ◽  
Big Data ◽  
Large Scale ◽  
Technology Development ◽  
Technological Development ◽  
Digital Economy ◽  
Republic Of Korea ◽  
Data Network ◽  
Leading Position ◽  
The Government

Today, each country has interest in digital economy and has established and implemented policies aimed at digital technology development and digital transformation for the transition to the digital economy. In particular, interest in digital technologies such as big data, 5G, and artificial intelligence, which are recognized as important factors in the digital economy, has been increasing recently, and it is a time when the role of the government for technological development and international cooperation becomes important. In addition to the overall digital economic policy, the Russian and Korean governments are also trying to improve their international competitiveness and take a leading position in the new economic order by establishing related technical and industrial policies. Moreover, Republic of Korea often refers to data, network and artificial intelligence as D∙N∙A, and has established policies in each of these areas in 2019. Russia is also establishing and implementing policies in the same field in 2019. Therefore, it is timely to find ways to expand cooperation between Russia and Republic of Korea. In particular, the years of 2020and 2021marks the 30th anniversary of diplomatic relations between the two countries, and not only large-scale events and exchange programs have prepared, but the relationship is deepening as part of the continued foreign policy of both countries – Russia’s Eastern Policy and New Northern Policy of Republic of Korea. Therefore, this paper compares and analyzes the policies of the two countries in big data, 5G, and artificial intelligence to seek long-term sustainable cooperation in the digital economy.

scholarly journals Digital Economy, Big Data and Competition Law

2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Data Driven ◽  
Dominant Position ◽  
Privacy Concerns ◽  
Sense Data ◽  
Abuse Of Dominant Position

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals The mechanism of regulatory sandboxes for introducing digital innovations: the practice of implementing experimental legal regimes at national and supranational levels

2020 ◽  
Vol 15 (4) ◽  
pp. 130-138
Author(s):  
E. B. Zavyalova ◽  
D. D. Krykanov ◽  
K. A. Patrunina
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Successful Implementation ◽  
Economic Activities ◽  
Digital Development ◽  
Effective Instrument ◽  
Pass Through ◽  
Legal Mechanism

Introduction. The legal mechanism of regulatory sandboxes is implemented in a number of countries to foster the development of the digital economy. Regulatory sandboxes act as a legal mechanism that allows introducing a special legal regime for new products and services and conducting experiments (with certain restrictions) with their practical usage without violating the national law. The national program “The Digital Economy of the Russian Federation” sets the goal of the development of digital innovations and the corresponding legal regulation. The implementation of transnational strategies of digital development for the EAEU, the CIS, BRICS is considered as a new challenge to the common economic development.Materials and methods. The research is based on the national and international legal acts as well as on national and international strategies of economic development. Among the methods used are comparison, generalization, qualitative and descriptive analysis and case-study method.Results. The study has identified the main forms of regulatory experiments that are implemented in the modern practice of public regulation. The paper proves that the various forms of regulatory experiments (including regulatory sandboxes) are an effective instrument of regulation of the digital innovations. The authors have found the main pass through technologies that are the object of experimental regulation in international practice. The paper sets the criteria for a successful implementation of the concept of supranational regulatory sandboxes that are implemented in several jurisdictions simultaneously.Discussion and conclusion. The study described the main patterns of implementation of regulatory sandboxes for digital innovations; the main characteristics of the regulatory sandboxes’ design were revealed; the general economic activities that can be enhanced by the instrument of regulatory sandboxes for digital innovations were defined.

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Methodology for Measuring the Impact of the Privacy Protection Law on the Use of Big Data

2021 ◽  
Vol 15 ◽  
pp. 62-66
Author(s):  
Oh Ky U-Cheol
Keyword(s):  
Big Data ◽  
Stock Prices ◽  
Privacy Protection ◽  
Turning Point ◽  
Personal Information ◽  
Legal Regulation ◽  
Technical Innovation ◽  
Smart Devices ◽  
Ict Revolution ◽  
The Impact

The ICT revolution triggered by the emergence of smart devices, typically represented by the iPhone and the iPad, is migrating into the new domain of ‘big data’ after passing the turning point of ‘SNS Life,’ which is represented by Twitter and FaceBook among others. These developments have brought significant changes in all areas of politics, economy and culture. The stock prices of Apple, Samsung Electronics, FaceBook and Google fluctuate depending on who takes the hegemony in the changes. Meanwhile, such a reform of the ICT sector has generated some new undesirable sideeffects, including online disclosure of personal information, malicious comments, Smishing or other forms of financial scams. As we cannot abandon either big data or privacy protection, it is critical to find a compromise. It seems both evident and selfexplanatory that the use of big data, which is attributable to technical innovation, conflicts with privacy protection based on the idea that individuals should be allowed to determine the disclosure or not of their personal information. Yet, the problem here is that the discussion of countermeasures remains at the level of catching the wind with a net. Therefore, this paper intends to present a framework that can objectively verify what impact the enhanced legal regulation concerning privacy protection has on the use of big data as the first step in exploring a compromise between the use of big data and privacy protection.

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