How to attribute the right to data portability in Europe: A comparative analysis of legislations

2017 ◽  
Vol 33 (1) ◽  
pp. 57-72 ◽  
Author(s):  
Barbara Van der Auwermeulen
2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2016 ◽  
Vol 1 (1) ◽  
pp. 50-53 ◽  
Author(s):  
Varun Sharma ◽  
Narpat Singh

In the recent research work, the handwritten signature is a suitable field to detection of valid signature from different environment such online signature and offline signature. In early research work, a lot of unauthorized person put the signature and theft the data in illegal manner from organization or industries. So we have to need identify, the right person on the basis of various parameters that can be detected. In this paper, we have proposed two methods namely LDA and Neural Network for the offline signature from the scan signature image. For efficient research, we have focused the comparative analysis in terms of FRR, SSIM, MSE, and PSNR. These parameters are compared with the early work and the recent work. Our proposed work is more effective and provides the suitable result through our method which leads to existing work. Our method will help to find legal signature of authorized use for security and avoid illegal work.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.


Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

A comparative analysis of the latest changes in labor legislation concerning the implementation of the right to leave by remote workers is carried out. The article considers the legal differentiation of the norms on vacation of remote workers who perform remote work in accordance with the employment contract on a permanent basis, and remote workers who perform remote work temporarily. The complex issues of the application of labor legislation to remote relations and the applied models of vacation regulation are considered; restrictions that cannot worsen the situation of a remote worker, deprive him of constitutional guarantees, or restrict his right to rest.


2018 ◽  
Vol 34 (2) ◽  
pp. 193-203 ◽  
Author(s):  
Paul De Hert ◽  
Vagelis Papakonstantinou ◽  
Gianclaudio Malgieri ◽  
Laurent Beslay ◽  
Ignacio Sanchez

2021 ◽  
Vol 12 (2) ◽  
pp. 455-476
Author(s):  
Evgeniy A. Erbakhaev ◽  
◽  
Maxim V. Kratenko ◽  

The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court practice is conducted. The choice of the Chinese legal system is due to the presence of special rules in Tort Liability Law of China (2009). According to the results of the study, the authors have formulated a number of proposals, in particular: to unify the legal regime for residential and non-residential buildings for the purposes of compensation for harm caused to third parties; to differentiate the liability for harm caused by the destruction of a building (its structural components) and damage due to items falling out from the building (snow or ice falling from the roof, falling advertising designs, objects being thrown out of the building, etc.), to allow the contractual regulation of owner’s liability provided that the victim is given the right to choose the defendant (the building’s owner or the maintenance company, the contractor involved). The authors also argue in favor of a codified act as a source of tort law, which will ensure consistent regulation of the studied relations.


Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.


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