scholarly journals STAN CYWILNOPRAWNEJ OCHRONY KONSUMENTA USŁUG UBEZPIECZENIOWYCH W POLSCE

2017 ◽  
Vol 4 (2) ◽  
pp. 221
Author(s):  
Marcin Skorb
Keyword(s):  
Civil Law ◽  
Personal Data ◽  
Insurance Companies ◽  
Insurance Law ◽  
Eu Legislation ◽  
General Terms ◽  
Definition Of ◽  
Legal Character ◽  
Insurance Agreement ◽  
The Eu

Protection of Personal Data of Consumers of Insurance Services in PolandSummaryThe article analyses the regulations o f Polish civil law, which were introduced to protect a consumer of insurance services who, as a weaker party of a insurance agreement needs such protection. It presents main changes of the insurance law in this respect, introduced on M ay 01, 2004 as a part of the process of adapting Polish legal system to the EU legislation. Amongst other things, the author discusses the following issues: legal definition of a „consumer”, scope o f legal measures on protection of the insured, legal character of the general terms and conditions of the insurance agreements issued by insurance companies and forbidden contractual clauses. The author also suggests changes to these laws in order to improve them and make them more precise.

scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

Compiling Medical Data into National Medical Databases

2009 ◽  
pp. 2085-2099
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

scholarly journals Not Just Business as Usual in the EU: A Comprehensive Analysis of Immigration and Tax Issues Related to Business Trips in 17 Schengen Countries

2018 ◽  
Vol 9 (2) ◽  
pp. 46
Author(s):  
Marco Mazzeschi ◽  
Clayton E. Cartwright Jr.
Keyword(s):  
Comparative Analysis ◽  
Comprehensive Analysis ◽  
International Standards ◽  
Work Permit ◽  
General Terms ◽  
Doing Business ◽  
Definition Of ◽  
Business As Usual ◽  
The Eu ◽  
International Companies

This article undertakes a comparative analysis of doing business in the European Union’s Schengen Bloc vis-à-vis working in the Schengen Bloc. Through a critical review of what may constitute business activities vs. work in all 17 Schengen member states, the article establishes how international companies can minimize unintentional exposure to immigration noncompliance as well as possible tax liabilities. As the article observes, there is a general absence of a standard EU legal definition of ‘work’ vs. ‘business activities’ that international companies can apply when sending employees for business purposes to the Schengen Bloc. In the absence of specific criteria, the article outlines what characterizes business activities in 17 Schengen countries and then several international standards, which concerned parties can use a reference point. By examining various sources including EU, OECD and ILO frameworks, the article’s research indicates general terms of reference in distinguishing business activities from work, and how that distinction confers the need for a business visa or a work permit in the European Union’s Schengen Bloc.

scholarly journals Odpowiedzialność karna za utrudnianie i udaremnianie prowadzenia kontroli na gruncie ustawy o ochronie danych osobowych z dnia 10 maja 2018 r. Podstawowe zagadnienia karnoprawne

2020 ◽  
Vol 30 (4) ◽  
pp. 165-180
Author(s):  
Daria Sieradzka
Keyword(s):  
Comparative Analysis ◽  
Data Protection ◽  
Criminal Liability ◽  
Personal Data ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Eu Legislation ◽  
Characteristic Features ◽  
The Eu ◽  
The Way

The paper analyses two provisions of the Act of 10 May 2018 on Personal Data Protection. It describes the structure and characteristic features of acts which obstruct or frustrate an inspection of compliance with personal data protection provisions. The paper emphasises the importance of powers held by a supervisory authority, the President of the Office for Personal Data Protection, especially in the context of the EU legislation. The article also gives examples of interrelationship between the controller and the entity that is controlled and discusses the way this impacts criminal liability. It presents a comparative analysis of the said provision alongside its analogous provision which is related to inspection carried out under Article 55 of the Act of 14 December 2018 on Personal Data Protection in Connection with Preventing and Fighting Crime. The final conclusions include some proposals for, inter alia, the analysis of problems noted by the Personal Data Protection Office while conducting control proceedings in the years 2018–2019.

Compiling Medical Data into National Medical Databases

2011 ◽  
pp. 228-248
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

scholarly journals Between 250 years of free information and 20 years of EU and Internet

2016 ◽  
Vol 10 (1) ◽  
pp. 27
Author(s):  
Inger Österdahl
Keyword(s):  
Personal Data ◽  
Public Access ◽  
Eu Legislation ◽  
The Right To Privacy ◽  
Eu Membership ◽  
The Right ◽  
Private Actors ◽  
Right Of Access ◽  
Access To Documents ◽  
The Eu

<p>The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy.  On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage.  The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU.  It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.</p><p><span>Article first published online: 22 MARCH 2016</span></p>

ANALISIS PENERAPAN TEORI OBJEKTIVITAS DALAM ASURANASI KAPAL ANTARA PT. BRINGIN SEJAHTERA ARTAMAKMUR DAN PT. DJAKARTA LLOYD (STUDI PUTUSAN NO.423/PDT.G/2011/ PN.JKT.PST.)

2018 ◽  
Vol 1 (2) ◽  
pp. 178
Author(s):  
Gibran Budi Nugroho ◽  
Stanislaus Atalim
Keyword(s):  
Research Method ◽  
Insurance Company ◽  
Insurance Policy ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurance Business ◽  
Definition Of ◽  
Insurance Agreement

In the insurance agreement, of course, there is an insurance object where the insurance object must be notified in detail by the insured to the insurer if it will not be threatened by the cancellation of the agreement. This is supported by one of the theories developed in insurance business, namely the theory of objectivity supported by article 251 KUHD This research is a study of the application of the theory of objectivity to Decree Number 423 / Pdt.G / 2011 / PN.Jkt.Pst because of the claim from PT. Djakarta Lloyd from the insurance object in the form of MV Jatiwangi PB 400 vessel that has been insured to PT Asuransi Bringin Sejahtra Artamakmur (PT BSAM), but the insurance company rejects the claim on the grounds that the ship was damaged at the time of signing the insurance policy. So that the problem arises how to apply the theory of objectivity to the rejection of insurance claims made by (PT BSAM)? is the application of the theory of objectivity in Indonesian insurance law correct? The research method used is a normative juridical research method. Data from the study shows that based on Article 251 KUHD and the theory of objectivity is a description of the honesty of insurance participants with the threat of cancellation of insurance if the insured party is proven not to have good intentions. Based on the definition of objectivity theory and Article 251 KUHD the author wants to discuss how it applies to ship insurance

scholarly journals PELAKSANAAN KLAIM PRODUK ASURANSI JP-ASTOR PADA PT. JASARAHARJA PUTERA CABANG PADANG

2019 ◽  
Author(s):  
Ratna Widayati ◽  
Insani
Keyword(s):  
Service Quality ◽  
Old Age ◽  
Insurance Premium ◽  
Insurance Companies ◽  
Insurance Claim ◽  
Excellent Service ◽  
Insured Person ◽  
Definition Of ◽  
Insurance Agreement

Insurance has a very important role in providing certainty protection for people, both commercial and non commercial, insurance can provide protection in the form of education, health, old age, death and property. Which is a necessity of life that is not less important in this era of globalization is the need for insurance services. The definition of insurance under KUHD 246 states that "insurance or coverage is an agreement by which the insurer strikes himself to an insured, accepting a premium, for replacement to him for an event that is not certain".Insurance companies have excellent service quality in serving the Customer including in serving insurance claims, because the quality of this service will be a benchmark for customers if they will use the same service, including for service claims. "Insurance Claim is a claim from the insured party in connection with the existence of the contract between the insurance agreement with the insured person who each party bind themselves to guarantee payment of compensation by the insurer if the insurance premium payment has been made by the insured, when the accident happened suffered by the insured party ".

scholarly journals Forest Protection in the European Union

2019 ◽  
Vol 80 (4) ◽  
pp. 253-262
Author(s):  
Adriana Kalicka-Mikołajczyk
Keyword(s):  
European Union ◽  
Forest Policy ◽  
Soft Law ◽  
The European Union ◽  
Land Area ◽  
Forest Protection ◽  
Eu Legislation ◽  
History Of ◽  
Legal Character ◽  
The Eu

AbstractAn estimated 5% of the world’s forests are located in the EU and these forests have continuously expanded for over 60 years, although recently at a lower rate. Forests and other wooded land now cover 155 million hectares and 21 million hectares, respectively, together more than 42% of the EU land area. Although the treaties in the European Union contain no provisions for a common forest policy, there is a long history of EU measures supporting forest and forest-related activities coordinate dwith member states, mainly through the Standing Forestry Committee. For several decades now, environmental forest functions have attracted increasing attention mostly in relation to the protection of biodiversity and, more recently, in the context of climate change. The main objective of this paper was twofold: first, to identify the EU legislation directly and indirectly connected to forest protection, and second, to determine its legal character and effectiveness. In conclusion, in recent years the EU has adopted numerous regulations that are directly and indirectly connected to forests and they can be divided into two groups: internal and international acts. Moreover, we can distinguish legally binding acts such as regulations, directives as well as international agreements and soft law acts including strategies, green books, communications, action plans or declarations.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

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