scholarly journals Consumer Protection from Abuses in Commercial Communications sent via Radiofrequency

2018 ◽  
Vol 10 (1) ◽  
pp. 37-60
Author(s):  
David López Jiménez ◽  
Eduardo Carlos Dittmar
Keyword(s):  
Consumer Protection ◽  
Data Protection ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Public And Private ◽  
The Public ◽  
European Regulations ◽  
The Law ◽  
Practical Implications

Purpose – The aim of this work is to analyze the commercial communications sent by radiofrequency on the bluetooth network. Methodology/approach/design – An analysis of Spanish and European regulations on commercial communications and data protection. Findings – Industry self-regulation can complement (in several aspects) the regulations applied to this field. Practical implications – The analysis in this article can be of considerable use to all actors who operate in this setting (society, and the public and private sectors). Originality/value – This investigation emphasises the usefulness of self-regulation in the industry (codes of conduct) regarding commercial communications sent by radiofrequency. These instruments constitute an improvement on the regulations, close certain loopholes and can be updated more quickly than the law, and this can enhance user and/or consumer protection.

scholarly journals WEBSITE PROMOTION AND PROTECTION OF INTELLECTUAL PROPERTY

2019 ◽  
Vol 11 (2) ◽  
pp. 1-20
Author(s):  
David López Jiménez
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Service Providers ◽  
Self Regulation ◽  
Public And Private ◽  
The Public ◽  
Spanish Law ◽  
Practical Implications ◽  
Spanish Legislation

Purpose – The aim of this article is to analyse actions to promote websites that can violate intellectual property rights, in other words, copyright and the rights of online commercial brands.  Methodology/approach/design – An analysis of Spanish legislation on intellectual property rights. Findings – Service providers that advertise on Internet deploy increasingly aggressive advertising formats which, on occasions, violate intellectual property rights. Spanish law on brands and unfair competition provides effective tools to sanction the various types of infraction that occur on Internet. This legislation could also be supported by industry self-regulation. Practical implications – The analysis in this article can be of considerable use to all actors who operate in this setting (society, and the public and private sectors). Originality/value – This article analyses the infractions that occur in advertising in relation to meta-labels and online links.

TANGGUNG JAWAB PERBANKAN DALAM KASUS PEMBOBOLAN DANA NASABAH (Studi Pembobolan Deposito milik PT. Elnusa, Tbk)

2019 ◽  
Vol 7 (2) ◽  
pp. 301
Author(s):  
Thessa Anial John
Keyword(s):  
Consumer Protection ◽  
Case Study Approach ◽  
Legal Research ◽  
Public Funds ◽  
The Public ◽  
Study Approach ◽  
Banking Service ◽  
The Law ◽  
Research Show

<p>Abstract</p><p>This article aims to study the bank’s responsibility towards fraud against customer with a case study of Bank Mega Fraud against PT. Elnusadeposito funds. This research is a normative legal research using constitutional and case study approach. The result of this research show that Bank Mega liquefyPT. Elnusadeposito funds carelessly without PT.Elnusa consent is an act against the law. Bank Mega hasfailed to fulfil it’s responsibility towardsthe customer as regulated Article 37 B paragraph (1) UndangUndang Nomor 10 Tahun 1998 concerning banking service that stipulate every bank must guarantee the public funds deposited in the bank concerned The action of Bank Mega has caused losses both material and immaterial loss so that Bank Mega has to give responsibility and compensation for damage and consumer loss according to Article 19 paragraph (2) Undang-Undang Nomor 8 Tahun 1999 regarding consumer protection.</p><p>Keywords: Responsibility; prudential principles; banks; and customers.</p><p>Abstrak</p><p>Artikelini bertujuan mengkaji tanggung jawab perbankan terhadap pembobolan dana nasabah dengan</p><p>studi kasus terhadap Bank Mega dalam kasus pembobolan dana deposito PT.Elnusa, Penelitian ini merupakan penelitian hukum normatif dengan melakukan pendekatan undang-undang dan pendekatan kasus.Berdasarkan hasil dari penelitian dapat disimpulkan bahwa tindakan Bank Mega mencairkan dana deposito milik PT.Elnusa secara tidak hati-hati dan tanpa sepengetahuan PT. Elnusa merupakan tindakan yang melanggar hukum. Bank Mega telah tidak memenuhi kewajibannya terhadap nasabah sebagaimana diatur dalam Pasal 37 B ayat (1) Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan yang menyebutkan bahwa setiap bank wajib menjamin dana masyarakat yang disimpan pada bank yang bersangkutan. Tindakan Bank Mega telah menimbulkan kerugian baik materiil maupun immateriil sehingga Bank Mega selaku pelaku usaha berdasarkan Pasal 19 ayat (2) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen bertanggung jawab untuk memberikan ganti rugi atas kerusakan, pencemaran, dan/atau kerugian konsumen akibat mengkonsumsi barang dan/atau jasa yang dihasilkan.</p><p>Kata Kunci: Tanggung jawab; prinsip kehati-hatian; bank; dan nasabah.</p>

The Legal Framework for Data and Consumer Protection in Europe

2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
Legal Framework ◽  
The European Union ◽  
Legal Structures ◽  
The Creation ◽  
The Law ◽  
Legal Frameworks

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.

Gambling control regimes

2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Consumer Protection ◽  
Public Interest ◽  
Government Regulation ◽  
Public And Private ◽  
Control Structures ◽  
The Public ◽  
Gambling Regulation ◽  
Pros And Cons ◽  
Private Actors

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.

Do the servicescape of public and private hospitals differ? The Malaysian context

2019 ◽  
Vol 11 (3) ◽  
pp. 357-377 ◽  
Author(s):  
Kim Piew Lai ◽  
Siong Choy Chong
Keyword(s):  
Design Methodology ◽  
Recovery Process ◽  
Public Hospitals ◽  
Ambient Conditions ◽  
Private Hospitals ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
Public And Private Hospitals ◽  
Practical Implications

Purpose This study aims to explore if public and private hospitals have differing servicescape attributes. Design/methodology/approach The study uses a two-stage (EFA and CFA) procedure for identifying the servicescape attributes and examining their validity in the context of public and private hospitals. Findings The findings indicate that, in different contexts, patients would expect different aesthetics of servicescape attributes and how they are influenced by the hospital premises. Research limitations/implications It is interesting to note that: not all of the attributes that appear in both contexts are exactly the same; patients do not seem to face difficulties in analysing and interpreting directional cues, even though the spatial orientation in private hospitals is relatively smaller; the way patients of public hospitals draw inference about the ambient conditions is not consistent with private hospitals; and patients perceive that private hospitals pay special attention to developing a built environment that facilitates treatment and recovery process via interior layout, as well as decoration and architecture attributes. Practical implications The study grounds the servicescape attributes and provides insights to effectively promote public and private hospitals. Originality/value This study may be amongst the first to offer servicescape evidence in both the public and private hospitals.

Theoretical and trustees’ perspectives on the establishment of an Islamic social (Waqf) bank

Humanomics ◽  
2015 ◽  
Vol 31 (1) ◽  
pp. 37-73 ◽  
Author(s):  
Mohammad Tahir Sabit Haji Mohammad
Keyword(s):  
Public Good ◽  
Design Methodology ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
The Poor ◽  
The Given ◽  
Practical Implications ◽  
International Social ◽  
Specific Country

Purpose – This paper aims to present an alternative to current banking systems. The purpose of the paper is the optimisation of the concept of cash waqf and its management in the framework of a waqf bank and its viability. Design/methodology/approach – The study is doctrinal and empirical. Several assumptions concerning the structure and operation of the bank are made, surveyed and descriptively analysed. Findings – The concept of cash waqf could be used for the operation of a waqf bank. There was a tendency among the given group of practitioners towards a corporate international social bank, capitalised by the waqf and non-waqf assets, sought after from the public and private sectors, as well as the Muslims and non-Muslims. Research limitations/implications – Assumptions are basic. Empirical findings are based on the perspective of waqf trustees. Other stakeholders’ perspectives need further research. Practical implications – The study is expected to persuade for, and assist in the establishment of a waqf bank. Social implications – This paper could contribute to the effectiveness of waqf institutions in their delivery of public good to the poor and society. These implications are not restricted to a specific country. Charities and the poor of any society may benefit from this study if the idea of total social banking is upheld. Originality/value – This study is the first to address the structure and operation of a waqf bank empirically.

Professionalism, Professionalization, and Deprofessionalization in Journalism

2019 ◽  
Author(s):  
Jenny Wiik
Keyword(s):  
Self Regulation ◽  
Codes Of Conduct ◽  
Professional Status ◽  
Occupational Socialization ◽  
Structural Level ◽  
Professional Discourse ◽  
The Public ◽  
Journalism Studies ◽  
The Social ◽  
Normative Value

The notion of professionalism within journalism is widespread and has been thoroughly explored. “Professionalism” refers to a normative value system utilized by professionals in relation to their clients, work practices, and occupational socialization. The perspective implies a number of characteristics distinguishing professions from occupations: autonomy, exclusive knowledge, ethical codes of conduct, occupational ideals/culture, and altruistic features (i.e., to act in the public interest). Jointly, these values function as a framework for journalists in everyday practice, guiding and controlling them. In a Western context, this framework legitimizes the social contract that allows journalism the privilege of autonomy and self-regulation on a structural level. The professionalism of journalists has been empirically studied since the 1950s, and the field is constantly expanding. Similar popular conceptualizations when interrogating the norms, practice, and ideals of journalists include, for instance, “role,” “habitus,” “interpretive community,” “ideology,” and “culture.” However, the major body of journalism studies has tried to capture those aspects from a perspective of professional theory. Today, the professional status of journalists is challenged and questioned. Exclusivity is broken, autonomy declines, and other actors are increasingly redefining the field. In this context, new methods and ideals arise. The professional discourse of journalists evolves and adapts in new ways, as does the research in this area.

scholarly journals SAFEGUARDING PRIVACY IN SOCIAL NETWORKS

2020 ◽  
Vol 12 (1) ◽  
pp. 58-76
Author(s):  
David López Jiménez ◽  
Patricia Vargas Portillo ◽  
Eduardo Carlos Dittmar
Keyword(s):  
Social Networks ◽  
Service Providers ◽  
Self Regulation ◽  
Personal Data ◽  
Public And Private ◽  
Personal Data Protection ◽  
General Utility ◽  
The Social ◽  
European Regulations ◽  
The Government

Purpose ”“ The purpose is to examine the degree of privacy protection in the social networking field. In this sense, we analyze the benefits of the self-regulation of the industry as a complement to the regulations. Methodology/approach/design ”“ We study the Spanish and the European regulations regarding personal data protection with respect to social networks. Findings ”“ The legislative regulations on this subject are insufficient due to their intrinsic limitations in the field. Therefore, we should encourage the approval of good legislation that complements and fills the gaps. Practical implications ”“ The advantages that are derived from the research on this subject are useful for service providers and the public and private sectors in the information society. Therefore, they are useful for society in general. Originality/value ”“ This research article includes the examination of the general utility of society. The aspects that are addressed are applicable to the industry and those who use social networks. The government must prevent infractions that damage consumers and/or users.

scholarly journals Tinjauan Terhadap Hukum Persaingan Usaha Di Indonesia Dari Perspektif Hukum Perlindungan Konsumen

2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Competition Law ◽  
Unfair Competition ◽  
Public Welfare ◽  
Business World ◽  
The Public ◽  
Fair Competition ◽  
Consumer Interests ◽  
The Law

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.

scholarly journals Alcohol industry strategies to influence the reform of the Finnish Alcohol Law

2019 ◽  
Vol 36 (6) ◽  
pp. 556-568 ◽  
Author(s):  
Thomas Babila Sama ◽  
Heikki Hiilamo
Keyword(s):  
Research Question ◽  
Self Regulation ◽  
Secondary Data ◽  
Alcohol Policy ◽  
Primary Data ◽  
The Public ◽  
Alcohol Industry ◽  
Preparation Phase ◽  
The Law ◽  
Use Of Social Media

Aim: The aim of this study was to investigate the strategies used by the alcohol industry to influence the reform of the Alcohol Act in Finland during the preparation phase between 2016 and 2017. The study answers the following research question: what strategies were used by the alcohol industry to change the original purpose of the reform on alcohol in Finland? Method: Primary data were collected through 16 expert interviews with experts who had participated in the preparation of the alcohol reform in Finland, while secondary data were collected from prior literature, journal articles and Google databases. Results: The results identified three main political strategies used by the alcohol industry to influence the reform of the law on alcohol in Finland during the preparation phase between 2016 and 2017: “information”, under which the alcohol industry lobbied politicians in Parliament through Members of Parliament of the National Coalition Party due to the close ties between the two; “constituency building”, under which the alcohol industry formed alliances with interest groups in the grocery-retail business in Finland, to advocate for liberalisation of the law, as well as the use of social media – specifically Twitter – to lobby the public; and lastly, “policy substitution” to promote self-regulation. Conclusions: The results suggest that the involvement of the alcohol industry in political decision-making following Finland’s EU membership has given the industry legitimacy and new opportunities to influence alcohol policy, while limiting policies to protect the public from alcohol-related harms. The results may be useful to alcohol policy-makers.

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