Audiovisual Works in EU and Member State Law

2020 ◽  
Vol 7 (2) ◽  
Keyword(s):  
Author(s):  
Rodríguez José Antonio Moreno

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.


Author(s):  
Kranenborg Herke

Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.


2021 ◽  
Author(s):  
Mario Egbe Mpame

After an extensive overview of the GDPR, this work examines the new right to representation enshrined in Art. 80 (1) GDPR, which right permits data subjects to designate a competent association to exercise their rights to enforcement, including the right to obtain compensation, on condition that Member State law so permits. With this right being dependent on national law, this work examines how collective redress for data protection mass harm is dealt with in the major European jurisdictions, before giving an overview of the general EU situation and challenges encountered.


2019 ◽  
Vol 15 (2) ◽  
pp. 148-176
Author(s):  
Stefan Grundmann

Abstract This paper gives a birds’ eye view on the ALI Restatement on Consumer Contracts (proposal) and European, and partly also Member State, law of standard contract terms with respect to the environment where these standard contracts and assent to them appears to be particularly fleeting, namely in digital contexts. It does so, however, with a broader scope: It tries to explain why assent rules are not meaningless even in a world where most consumers and customers do not read standard contract terms, and it tries to explain how lessons could be deduced also for a meaningful and more differentiated fairness control. It argues that favouring intervention of control (ie information) intermediaries – such as consumer associations – is key and that the preservation of possibilities for negotiation should be maintained and valued. In these respects, the paper is inspired in good part by company law and capital market law dealing with parallel problems.


Author(s):  
Patrick Van Eecke ◽  
Anrijs Šimkus

Article 4 (Definition of consent) (see too recital 42); Article 7 (Conditions for consent) (see too recital 43); Article 9 (Processing of special categories of personal data in the context of employment) (see too recital 52); Article 83 (Fines for breaches of any obligations pursuant to Member State law adopted under Article 88) (see too recital 148).


Author(s):  
Christopher Millard ◽  
Dimitra Kamarinou

To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organisational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller. The carrying-out of processing by a processor should be governed by a contract or other legal act under Union or Member State law, binding the processor to the controller, setting out the subject-matter and duration of the processing, the nature and purposes of the processing, the type of personal data and categories of data subjects, taking into account the specific tasks and responsibilities of the processor in the context of the processing to be carried out and the risk to the rights and freedoms of the data subject.


2016 ◽  
Vol 13 (1) ◽  
pp. 159-168
Author(s):  
Bayram Unal

This study aims at understanding how the perceptions about migrants have been created and transferred into daily life as a stigmatization by means of public perception, media and state law implementations.  The focus would be briefly what kind of consequences these perceptions and stigmatization might lead. First section will examine the background of migration to Turkey briefly and make a summary of migration towards Turkey by 90s. Second section will briefly evaluate the preferential legal framework, which constitutes the base for official discourse differentiating the migrants and implementations of security forces that can be described as discriminatory. The third section deals with the impact of perceptions influential in both formation and reproduction of inclusive and exclusive practices towards migrant women. Additionally, impact of public perception in classifying the migrants and migratory processes would be dealt in this section.


2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 23-37
Author(s):  
Marek Danikowski

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.


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