Digital Economy

2019 ◽  
pp. 131-170
Author(s):  
Anu Bradford

Chapter 5 focuses on two areas of regulation that have been central to the EU’s efforts to regulate the digital economy: data protection and the regulation of hate speech online. The chapter first reviews the EU legislation governing data protection and explains the economic and political drivers behind it. It then discusses some examples of both the de facto and de jure Brussels Effect on data protection. Then, the focus turns to online hate speech, again reviewing the regulation, the underlying economic and political motivations, as well as examples of how the EU has drawn the line between acceptable and unacceptable speech in the internet era—not just in Europe but around the world.

Author(s):  
Julia Hörnle

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.


2012 ◽  
Vol 3 (2) ◽  
pp. 202-211 ◽  
Author(s):  
Claudio Mereu

EU legislation on genetically modified organisms (GMOs) is the most stringent legislation governing the matter in the world, laying down strict conditions relating to labelling, traceability, threshold and release on the market. In light of a recent Commission proposal to amend Directive 2001/18, which currently regulates the release of GMOs on the European market, this article asks whether and on what basis such stringency is justified. This is done through an in depth analysis of the EU regulatory framework for GMOs while at the same time highlighting the multiple interests at stake (environmental, scientific, industrial, political, national and European).This article argues that the European institutions should proceed to amend Directive 2001/18 on the basis of a detailed examination of the benefits as well as the risks that GMOs present. This article, however, raises concern that the European regulatory framework will focus exclusively on the risks or on political concerns relating to GMOs instead, for it is a fear of GMOs that seems to permeate the system from top to bottom.


Author(s):  
Juan Fernando López Aguilar

Desde los primeros capítulos de la construcción europea con el Tratado de Roma (1957) que cumple 60 años, la jurisprudencia dictada por el Tribunal de Justicia ha sido determinante para la dimensión constitucional del ordenamiento comunitario. En una secuencia de decisiones históricas, el TJ ha afirmado su primacía, eficacia vinculante y su unidad garantizando su interpretación y aplicación uniforme, pero también, sobre todo, los derechos fundamentales dimanantes de las tradiciones constitucionales comunes como fuente del Derecho europeo (principios generales). Esta doctrina se consolida en Derecho positivo, al fin, con la entrada en vigor del Tratado de Lisboa (TL) en 2009, incorporando el TUE, el TFUE, y, relevantemente, la Carta de Derechos Fundamentales de la UE (CDFUE) con el «mismo valor jurídico que los Tratados» y, consiguientemente, parámetro de validez de todo el Derecho derivado, así como de enjuiciamiento de la compatibilidad de la legislación de los EE.MM con el Derecho europeo.La doctrina del TJUE sobre derechos fundamentales ha sido su proyección sobre la protección de datos en el marco de los derechos a la vida privada, a la privacidad frente a la transferencia electrónica de datos y al acceso a la tutela judicial de estos derechos (art. 7, 8 y 47 CDFUE). En ella conjuga los principios de reserva de ley (respetando su contenido esencial) y de proporcionalidad y necesidad de las medidas que les afecten. Pero, además, esta doctrina ha adquirido un impacto decisivo en la articulación jurídica de la relación transatlántica entre la UE y EEUU, confrontando los estándares de protección de datos a ambos lados del Atlántico e imponiendo garantías de un «nivel de protección adecuado» para los ciudadanos europeos. Este artículo examina el impacto de dos recientes sentencias relevantes del TJ —Asunto Digital Rights Ireland (2014) y Asunto Schrems (2015)— sobre el Derecho derivado (Directiva de Conservación de Datos de 2006, Directiva de Protección de Datos de 1995, y Decisión de «adecuación» de la Comisión Europea de 2000) y sobre instrumentos de Derecho internacional (Acuerdo Safe Harbour) entre la UE y EEUU. Impone, como consecuencia, no sólo una negociación que repare las deficiencias detectadas en ambas resoluciones sino una actualización del Derecho europeo (nuevo Data Protection Package en 2016) y una novedosa Ley federal de EEUU que por primera vez ofrece a los ciudadanos europeos acceso al sistema de recursos judiciales ante los tribunales estadounidenses en la defensa del derecho a la protección de datos (Judicial Redress Act, 2016).Right from the first very chapters of the European construction under the Treaty of Rome (1957), which turns 60 this year 2017, the jurisprudence by the Court of Justice has truly been decisive to shape the constitutional dimension of the European Community legal order. In a series of historical decisions, the CJEU has affirmed its primacy, its binding efficacy and unity, while guaranteeing its uniform interpretation and implementation. But it has also, above all, enshrined the fundamental rights resulting from the common constitutional traditions as a source of European Law (i.e general principles). This legal doctrine has been ultimately consolidated in positive Law, finally, with the entry into force of the Treaty of Lisbon (TL) in 2009, incorporating the TEU, the TFEU and, most notably, the Charter of Fundamental Rights of the EU (CFREU) with the «same legal value as the Treaties». Charter Fundamental Rights have turned to be, consequently, a parameter for examining the validity of secondary EU legislation, as well as for scrutinizing and reviewing the standard of compatibility of the national legislation of EU Member States with European law. The legal doctrine of the ECJ on fundamental rights has been particularly relevant in its impact on the data protection in the framework of the rights to privacy, privacy with regard to the electronic data transfer, and access to judicial protection of these rights (art. 7, 8 and 47 CFREU). It combines the principles of reservation of law (in due respect of its essential content) as well as proportionality and necessity for legislative measures that might affect them. But, moreover, this doctrine has had a decisive impact on the legal articulation of the so-called transatlantic partnership between the EU and the US, confronting data protection standards on both sides of the Atlantic and imposing guarantees of an «adequate level of protection» for all European citizens. This paper explores the impact of two recent relevant decisions by the ECJ — its rulings on Digital Rights Ireland case (2014) and on the Schrems case (2015) — upon the secondary EU legislation (Data Retention Directive of 2006, Data Protection Directive of 1995, and the «adequacy» Decision of the European Commission of 2000), as well as upon International Law instruments (Safe Harbour Agreement) between the EU and the US. It imposes, as a consequence, not only a negotiation that remedies the shortcomings detected in both decisions, but also a compelling updating of European law itself (new Data Protection Package in 2016) and a new US federal law, which, for the first time ever, provides European citizens with access to judicial remedies in U.S. Courts in defending their right to data protection (Judicial Redress Act, 2016).


Book 2 0 ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 245-255 ◽  
Author(s):  
Marina Warner

In the present climate of discouragement that threatens all of us who hold the Humanities dear, one of the worst threats, or so it seems, has been the dumbing down consequent on digital media and the rise of hate speech on digital platforms. I want to offer some countervailing reflections and hopes, and explore the activity and the potential of the World Wide Web as a forum for literature; in spite of the instinctive recoil and bristling horror I feel for social media as currently used, it is possible to consider and reframe the question of reading on the web. Doing so leads to the questions, what is literature and can literature be found beyond the printed book? It is my contention – perhaps my Candide-like hope – that the internet is spurring writers on to creating things with words that are not primarily aimed at silent readers but at an audience that is listening and viewing and feeling, and maybe also reading all at the same time, participating in word events channelled through electronic media.


Significance The ECJ ruling could add to potential disruptions to transatlantic commercial data flows arising from the EU's developing data protection regime that a study for the US Chamber of Commerce valued at 0.8-1.3% of EU GDP. The ruling weakens the United States in negotiations over the new EU regime, as well as over the Transatlantic Trade and Investment Partnership (TTIP). Impacts The ruling may bolster development of EU-based cloud facilities as EU users seek to avoid the risks of US-based data storage. This could reduce US firms' estimated 76% share of the EU cloud market. It would also lead to further fragmentation of the internet as a global resource.


MaRBLe ◽  
2018 ◽  
Vol 4 ◽  
Author(s):  
Carolyn Gaumet

With the Internet growing in importance in our daily lives, concerns about privacy and data protection have emerged. While people worry about where they data may end up, they continue making themselves openly transparent by sharing information about themselves and their lives online. This study aims to understand the paradoxes between privacy considerations – mainly, the wish to keep individual data private and secure – and the actions that people undertake in reality. More specifically, it focuses on three paradoxes and dilemmas of privacy: age, perceived usefulness, and rewards. These will be studied by analyzing the results of a survey, in which respondents from the EU, North America and East Asia were asked about their online habits and their opinions on various security issues and privacy measures. The analysis ultimately aims to further the understanding of privacy paradoxes, and what hinders people from protecting their data sufficiently.


2020 ◽  
Vol 17 (2) ◽  
pp. 40-54
Author(s):  
L. P. Bakumenko ◽  
E. A. Minina

Purpose of research. The aim of the study is to conduct statistical research and assess the level of digitalization of the economy of the European Union and some non-EU countries. The focus is on assessing the level, dynamics and directions of information and communication technologies development in the European economy on the example of the international index of digital economy and society (I-DESI). The strongest and weakest countries were identified, and the impact of components (sub-indexes) of the I-DESI index on GDP was studied.Materials and methods. For this study, the digital economy and society index (DESI – Digital Economy and Society Index), which is a composite measure that studies the digital indicators of Europe, developed by DG CONNECT (the European Commission) to provide an evidence-based contribution to the assessment of digital development in the EU as a whole, is considered as an assessment of the level of digitalization. Based on this index, the international digital economy and society index (I-DESI) was developed in 2018, which reflects and expands the EU-28 digital economy and society index. Based on the sub-indexes of this index, a multidimensional classification of European countries was carried out. The main components method identifies the main factors that were used to identify their impact on the level of GDP in various clusters. The Statistica package is used for information processing and analysis.Results. This study examined the values of sub-indexes of the I-DESI index in five dimensions: communication, digital skills, citizens' use of the Internet, integration of business technologies, and digital public services. According to the hierarchical classification based on these sub-indexes, 2 groups of countries were identified. Using the k-means method, the features of each cluster are identified. Comparisons of cluster analysis results by sub-indexes were made based on data from 2016 and 2013. Using the main components method, five main factors were identified out of twenty indicators characterizing the I-DESI index and their influence on the level of GDP in various clusters was revealed. The analysis of twenty indicators of the I-DESI 2018 index, applied in the method of main components, by the directions of the index itself, the economy in the context of GDP and the social sphere (life of society) through the HDI (human development index) in various clusters was also carried out.Conclusion. According to the research, two groups of countries were identified by the level of digitalization. The first group in 2016 included twenty two countries with high indicators of digital development of the economy and society. All the countries of the first cluster are developed countries that have a significant share of services in their economy, as well as investments in high-tech products. The second cluster is represented by twenty three countries. This cluster is mainly represented by developing countries, which still have a large share of production in GDP. The level of GDP in the first cluster countries with a high I-DESI index was mainly influenced by factors that characterize fixed broadband and digital public services. Two groups of factors also influenced the GDP level of the second cluster countries. One group of factors combined variables that characterize new technologies in business, the other group – the use of the Internet by the population. The study of the development of the digital economy has allowed us to conclude that in general, the trend of rapid spread of modern technologies is developing around the world. This suggests that society in the context of the state and the individual needs to be mobile and ready to adopt new technologies in advance.


Author(s):  
Anabelen Casares Marcos

The right to informational self-determination has raised bitter debate over the last decade as to the opportunity and possible scope of the right to demand withdrawal from the internet of personal information which, while true, might represent a detriment that there is no legal duty to put up with. The leading case in this topic is that of Mario Costeja, Judgment of the EU Court of Justice, May 13, 2014. The interest of recent European jurisprudence lies not so much in the recognition of such a right but in the appreciation of certain limits to its implementation, assisting data protection authorities in balancing the rights at stake in each case. Reflection on the current status of the issue considers rights and duties imposed in the matter by Regulation (EU) 2016/679, of 27 April, known as the new General Data Protection Regulation.


Author(s):  
Viktoriia Bredikhina ◽  
◽  
Yuliya Ignatyuk ◽  

Atmospheric air is one of the main vital elements of the environment. The constant growth of the negative anthropogenic impact on it leads to a deterioration in the ecological state of the environment, an increase in morbidity and an increase in the risk of mortality among the population. This article explores the basic principles of legal protection of atmospheric air, on which EU legislation is based. In particular, ‒ is taking into account influences, practical reach, the principle of universality, uncertainty of requirements for specific technologies, the principle of the best available technologies, as well as the principle of "pollutant pays". The authors also analyzed the standards and standards of air quality of the EU, proposed ways to solve the problem of improving national legislation in this area, bringing it in line with international standards. The experience of some European countries proves the need and importance of implementing effective standards of air pollution, since ignoring such normalization can lead to detrimental consequences not only in Ukraine but also around the world. The article states that the regulatory and legal regulation of this sphere in the EU is effective and in a sense exemplary, because with the help of various legal instruments effective air protection is carried out, adaptation to climate change, which makes it possible to properly ensure environmental safety of the population not only in Europe, but also around the world. Ukraine, by adopting relevant regulations at the present stage of the development of legal regulation, takes generally successful steps in the field of approximation of its environmental legislation to EU legislation. However, this process is still gaining momentum and does not exclude problems, contradictions that can inhibit this approximation.


2019 ◽  
pp. 146-164
Author(s):  
Christopher Millard

This chapter brings a legal perspective to bear on the topic of data protection on the contemporary Internet in which personal information is increasingly stored and processed in, and accessed from, “the cloud.” The reliance of ever more apps, websites, and services on cloud providers contrasts with earlier days of the Internet in which much more data was stored locally on personal computers. At a time when there is ever more use of cloud computing, this chapter illuminates the complexities over what information in cloud computing environments is protected as personal data, and who is responsible. Will data protection laws, such as those in the EU, protect us, or are there alternative approaches to providing effective protection for personal data in clouds? This chapter airs the question of whether a greater focus should be placed on localizing personal data, as advocated by the Internet pioneer, Tim Berners-Lee.


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