Consumer Protection in the Cloud

2021 ◽  
pp. 218-254
Author(s):  
Chris Reed ◽  
Laura Edgar
Keyword(s):  
Consumer Protection ◽  
Best Practice ◽  
Service Providers ◽  
Minority Group ◽  
Cloud Service ◽  
Individual Rights ◽  
Consumer Rights ◽  
Unfair Commercial Practices Directive ◽  
The Individual ◽  
The Eu

This chapter assesses consumer protection in the cloud. The majority of businesses seem to have recognised the EU consumer rights regime as setting out the standards of good business best practice which a good business should achieve, and so reflect that regime in their terms and conditions. But a minority of online sellers and suppliers do not, and because the likelihood of consumers going to court to enforce their individual rights is so low, this minority group is unlikely to mend their ways. This has led to an increased focus on using public law rather than private law to enforce compliance with EU consumer rights. The EU Unfair Commercial Practices Directive (UCPD) forbids misleading practices by businesses, and online businesses whose terms or practices deny the individual rights granted by law to consumers are increasingly facing enforcement action. The current focus is on well-known social media and sharing economy services, because success here sends a strong message to other, less visible, service suppliers. Cloud services are at present low on the list, partly because many consumer-facing cloud service providers are already largely compliant. The consumer service providers who are most at risk are those who are struggling to transition from a 'free' business model to a paid one.

scholarly journals The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection

2017 ◽  
Vol 9 (2) ◽  
pp. E-180-E-215 ◽  
Author(s):  
Geraint Howells ◽  
Gert Straetmans
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
National Courts ◽  
European Consumer ◽  
Court Of Justice ◽  
Correct Information ◽  
Unfair Commercial Practices Directive ◽  
High Level ◽  
Flexible Application ◽  
The Eu

Abstract This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.

scholarly journals Attorney-General and Gow v Leigh: Lifting the veil of parliamentary privilege and parliament's response

2021 ◽  
Author(s):  
◽  
Seinimili Tu'I'Onetoa Fonua
Keyword(s):  
Best Practice ◽  
Attorney General ◽  
Individual Rights ◽  
Bill Of Rights ◽  
The Public ◽  
The Core ◽  
Individual Citizen ◽  
The Veil ◽  
Definition Of ◽  
The Individual

<p>Parliament in its exclusive cognizance can legislate for anything it sees fit. However this paper finds that the New Zealand Parliament had the opportunity in Attorney-General and Gow v Leigh¹ to balance political needs and respect for individual rights rather than to adopt a reactionary attitude in enacting the Parliamentary Privilege Act 2014.  It would be appropriate for Parliament to closely examine the efficacy of the “necessity test” in Leigh in the light of the implication of the codification of the definition of “proceedings in parliament” on the scope of parliamentary privilege as the experiences by the Australian jurisdictions showed. On the other hand, the court’s obligations under the Bill of Rights Act, 1990 might result in the Parliamentary Privilege Act 2014 being interpreted in ways that the lawmakers might not have intended.  This paper examines the public/private dichotomy between the public interest justification for parliamentary immunity and the individual’s right to have access to remedy, in the context of the underpinning features of the “necessity” test that give precedence to basic individual rights. The test being; any claim for absolute privilege for an occasion that occurs outside absolutely privileged spheres (Parliament and its committees) that could result in depriving citizens of their basic rights, had to be necessary as in the sense of “essential” for the proper functioning of the core roles of the House.  In conclusion, this paper finds that the contentious issues revolve around comity. It then attempts to address the interests of the three stakeholders in the Leigh decision; the individual citizen, the judiciary and the legislature by recommending a number of comity “best practice” reforms to the House’s Standing Orders and the Parliamentary Privilege Act 2014.  ¹ Attorney-General v Leigh [2011] NZSC 106, [2012] 2 NZLR 713, (Leigh).</p>

A Case Study of Progressive Formation of Accounting Cloud Service in Japan

2016 ◽  
Vol 7 (3) ◽  
pp. 19-37 ◽  
Author(s):  
Yutaka Mizuno ◽  
Nobutaka Odake
Keyword(s):  
Marketing Strategy ◽  
Path Dependence ◽  
Best Practice ◽  
Service Providers ◽  
Cloud Service ◽  
Cloud Services ◽  
Sustainable Growth ◽  
Chain Composition ◽  
Spiral Model ◽  
Service Groups

The purpose of this study is to clarify the best practice of marketing strategy in Japanese accounting cloud services. The authors examine platform development and ecosystem formation of an accounting cloud service in the second stage. As the results, the authors obtain three findings. First, the best accounting cloud service has been driving a spiral model of marketing strategy consistently. Second, customer groups of the cloud service, which are connected by chain composition with path dependence, constitute multiplex markets structure. Associated service groups, which are also connected chain composition, constitute multi-dimensions service structure. Third, the service provider has started new Open & Close strategy that involves formulating closure of network structure of associated services. These strategies realized its sustainable growth. Therefore, cloud service providers not only adopt Open & Close strategy, but also build up a spiral model of marketing strategy to formulate two chain compositions with path dependence for customer groups and associated service groups.

scholarly journals Fogyasztóvédelem a villamosenergia szolgáltatás területén

2020 ◽  
Vol 15 (28) ◽  
pp. 37-85
Author(s):  
Judit Barta
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Eu Regulation ◽  
Consumer Rights ◽  
Energy Union ◽  
The Law ◽  
The Eu ◽  
Research Studies

This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.

5. The Supremacy of EU Law

2019 ◽  
pp. 140-167
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

5. The Supremacy of EU Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

Appraisal of the ‘Prospects and Challenges’ of Cloud Computing and Distance Learning in the National Open University of Nigeria

2017 ◽  
Vol 7 (11) ◽  
pp. 14
Author(s):  
Tina C Touitou
Keyword(s):  
Cloud Computing ◽  
Distance Education ◽  
Distance Learning ◽  
Power Supply ◽  
Best Practice ◽  
Service Providers ◽  
Smart Phone ◽  
Cloud Service ◽  
Open University ◽  
National Open University

This paper focuses in examining the distance education, cloud computing and platforms, E- learning and its approaches via cloud computing, benefits and challenges in National Open University (NOUN) in Nigeria.Cloud computing and distance learning are rising speedily and play vital and powerful roles in education and learning in Nigeria today. The use of distance education in learning has come to stay and is being adopted, it needs to be constantly dynamic and innovative. It’s has the potential to transform the way distance education is consumed along with internet resources. It supports the smart phone mobile users to perform their tasks effectively- through paying less cost by utilizing the cloud based applications offered by the cloud service providers. The review of literature shows that the use of cloud computing is the best practice for the present educational situation. Despite the benefits associated with cloud-computing, there are still factors hindering the effective adoption of cloud computing in Nigerian educational system which among others include the epileptic power supply, low bandwidth just to mention a few.Survey study that was conducted  by DAMAR &NUHU 2015, that was adopted to authenticate this study, one hundred and seventy (170) students who indicated knowledge on the importance of cloud computing, but were not very satisfied with the confidentiality and accessibility of the services rendered to them in the cloud computing platform. Some of the reasons could be as a result of poor network and lack of confidence using information technology. The paper recommended among others, steady power supply, guarantee service confidentiality, accessibility and more reduction in cost. 

EU Digital Law

2020 ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Framework ◽  
Single Market ◽  
Digital Content ◽  
Online Sales ◽  
Consumer Rights ◽  
European Regulations ◽  
Digital Law ◽  
The Eu

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Consumer Rights Directive; the E-Commerce Directive; the Portability Regulation. The legal framework for digital content is being fundamentally redefined. The authors are experts from all over the EU. Their contributions provide detailed explanations of the background and purpose of the provisions and show concrete ways of implementing them.

scholarly journals GENESIS OF LEGAL REGULATION OF CONSUMER RIGHTS IN UKRAINE

2021 ◽  
pp. 102-115
Author(s):  
A.I. Lyga ◽  
◽  
◽  
Keyword(s):  
Consumer Protection ◽  
Legal Regulation ◽  
Individual Characteristics ◽  
Legal Norms ◽  
Current Period ◽  
Consumer Rights ◽  
Market Economic ◽  
Definition Of ◽  
The Individual ◽  
Better Than

The article examines the development of legal regulation of consumer rights in the basic legislation of the USSR and modern Ukraine. This was achieved through the definition of basic consumer rights in the global sense given to Consumer International and acts of International Law, as well as in the Constitution of Ukraine. The list of basic acts in this area in the modern period was supplemented by the Economic Code of Ukraine. In the context of consumer protection, this is justified by the fact that in contrast to the rules of Civil Law aimed at legal regulation of the general rights of consumers without taking into account the individual characteristics of consumers in the market, economic legislation aims to take into account such features. Possible violation of consumer rights and settlement of issues not regulated by private law. There are four main periods of development of law in this area. The period of origin of legal regulation (from 1922 to 1963) can be described as a period in which the rules of law were mainly aimed at protecting the interests of the seller, his counterparty was actually determined by the buyer-enterprise, the consumer in such legal relations was almost not taken into account. In contracts of sale performed functions uncharacteristic of it of the act of the economic legislation. The period of improvement of legal regulation (from 1963 to 1991) is characterized as economic-civil. During this period, there are legal norms for buyers (organizations) and buyers (individuals). Consumer rights and mechanisms for their implementation in this period are expanded, improved and concretized (with some rules and definitions were better than modern counterparts). The period of legitimization and development of legal regulation (from 1991 to 2014) can be defined as the period in which the formation of the main basic regulations in the field of consumer protection of Ukraine. But in the legal field the boundaries and the order of their legal application and interaction were not properly regulated. The current period of legal regulation (since 2014) is characterized by the proclaimed European integration aspirations of Ukraine. Despite the incompleteness of the period, its main trends show that these aspirations in the field of consumer protection remain declarations. Much more often under the "mask" of adaptation to the norms of European Law there are directly opposite processes. Basically, it can be described as a period of stagnation. Also in the article, the shortcomings and advantages of regulating the basic rights of consumers in the basic acts of law at each historical stage were analyzed and the dynamics of transformation of certain legal norms was studied. In addition, the possibilities of im proving the definition of rights enshrined in the Constitution of Ukraine were considered, the need to disclose the potential of the Economic Code of Ukraine in regulating consumer rights and their protection, as well as limited opportunities for regulation only within the Civil Code of Ukraine.

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