scholarly journals Blockchain Technology and Electricity Wholesale Markets: Expert Insights on Potentials and Challenges for OTC Trading in Europe

Energies ◽  
2019 ◽  
Vol 12 (5) ◽  
pp. 832 ◽  
Author(s):  
Carol Dick ◽  
Aaron Praktiknjo
Keyword(s):  
Personal Data ◽  
Regulatory Framework ◽  
Use Case ◽  
Over The Counter ◽  
Personal Data Protection ◽  
Market Participants ◽  
Blockchain Technology ◽  
Regulatory Approach ◽  
Data Layers ◽  
The Eu

In this manuscript, we investigate the adoption of blockchain for over-the-counter (OTC) electricity wholesale trading under the EU regulatory framework. Our analysis of the core legislation reveals six potential issues: (1) data immutability-related error correction, (2) personal data protection and immutability, (3) access to different data layers, (4) obligation and capacity to report, (5) identification of counterparties and (6) conflict of interest. These six issues were used as basis for a survey with experts in this field from industry and academia. The majority of our respondents indicated four major points: (i) reduction of transaction costs is the main expected benefit, (ii) the application of blockchain can be compliant with the current regulatory framework, (iii) a sandbox is the most welcome regulatory approach to reduce legal uncertainty, and (iv) the first use case to be commercially implemented is expected to be a P2P platform, ahead of a use case focused on post-trade processes. We believe that the results presented in this manuscript might serve as guidance for market participants aiming to enable the development of blockchain.

scholarly journals Consent by GDPR vs. Blockchain

2020 ◽  
Vol 12 (1) ◽  
pp. 149-166
Author(s):  
Bruno Moslavac
Keyword(s):  
Comparative Method ◽  
Personal Data ◽  
Daily Lives ◽  
Personal Data Protection ◽  
Blockchain Technology ◽  
Explicit Consent ◽  
Data Processor ◽  
On Line ◽  
A Chain ◽  
The Right

The role of consent in personal data protection today is probably the first question for researches on how it impacts in our daily lives, ordinarily or on-line. This paper uses comparative method analyzes seemingly opposed essential parts of consent due to lawfulness of personal data processing versus inclusion of same data in a chain using blockchain technology, with the hypothesis that freewill public announcement of personal data substitute explicit consent for their processing. Finally, the author concludes that the principle of lawfulness stated by GDPR is not violated if the personal data processor using blockchain technology does not obtain consent for the processing of personal data, voluntarily put into the chain by another subject in the same “chain” and the “right to be forgotten” isn’t absolute right.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

Combating Crime in the Digital Age: a Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era

2020 ◽  
Vol 2 (4) ◽  
pp. 1-97
Author(s):  
Athina Giannakoula ◽  
Dafni Lima ◽  
Maria Kaiafa-Gbandi
Keyword(s):  
Information Systems ◽  
Criminal Law ◽  
Personal Data ◽  
Essential Elements ◽  
Legal Principles ◽  
Personal Data Protection ◽  
Criminal Procedure Law ◽  
Critical Account ◽  
High Level ◽  
The Eu

Abstract This article provides a systematic and critical account of EU information systems in the area of freedom, security and justice, with the aim of establishing the contemporary links between information sharing and criminal law in the EU and of evaluating its impact on individuals. To this end, Part 1 offers a systemisation and critical assessment of the essential elements of the pertinent systems (ECRIS, ECRIS-TCN, Prüm, PNR, Europol, SIS, Eurodac, VIS, EES, ETIAS) and of the new interoperability regime under Regulation (EU) 2019/818, from the perspective of their objective to prevent and combat serious crime and to ensure a high level of security in the EU. In Part 2 the article explores personal data protection law, police law and criminal procedure law, in order to propose safeguards and limitations for effectively regulating this rapidly evolving framework and addressing the growing challenges for fundamental legal principles and individual rights. In this respect, the authors put forward concrete views and ideas, on the basis of their central suggestion that the issue discussed falls within the context of an emerging precognitive paradigm of criminal law.

scholarly journals Security of personal data: legal standards of the European Union and modern applied problems

2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK
Keyword(s):  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Eu Law ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Key Aspects ◽  
The Eu

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.

scholarly journals Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s.

2019 ◽  
Vol 16 (2) ◽  
pp. 261-270
Author(s):  
Joanna Ryszka
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Internal Market ◽  
Fundamental Rights ◽  
Personal Data Protection ◽  
Basic Rights ◽  
Scientific Analysis ◽  
The Right ◽  
Integration Area ◽  
The Eu

Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.

scholarly journals Should Fundamental Rights to Privacy and Data Protection be a Part of the EU's International Trade ‘Deals’?

2017 ◽  
Vol 17 (3) ◽  
pp. 477-508 ◽  
Author(s):  
SVETLANA YAKOVLEVA
Keyword(s):  
International Trade ◽  
Data Protection ◽  
Personal Data ◽  
Trade Agreements ◽  
Two Dimensions ◽  
Fundamental Rights ◽  
International Trade Agreements ◽  
Personal Data Protection ◽  
Trade Deals ◽  
The Eu

AbstractThis article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

scholarly journals The Regulation of electronic money institutions in the SADC region: Some lessons from the EU

2014 ◽  
Vol 17 (6) ◽  
pp. 2269
Author(s):  
MD Tuba
Keyword(s):  
South African ◽  
Regulatory Framework ◽  
Lessons Learned ◽  
The European Union ◽  
Payment Systems ◽  
Electronic Money ◽  
Regulatory Approach ◽  
Technological Developments ◽  
The Eu ◽  
Regulatory Challenges

This article analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union (EU). It looks in particular at how the institutions that issue new electronic money products are regulated and supervised by the relevant authorities in the EU, in comparison with existing institutions such as banks. It analyses some of the lessons that may be learned by the South African Development Corporation (SADC) from the regulatory approaches for electronic money institutions adopted by the EU. The article asks if the approach adopted by the EU may be useful for the future regulation of electronic money institutions in the SADC. The proliferation of electronic devices that arrived with the invention of the Internet has sparked some regulatory challenges. This development has become global and involves both developed and developing countries, including regions such as the SADC. It is asked if these technological developments should be  addressed by means of a concrete regulatory framework while they  continue to develop, instead of the regulators waiting to observe and acquaint themselves with the relevant regulatory challenges that underpin the innovations. The EU has attempted to address the anticipated  regulatory challenges that came about with the development of electronic money and to align its regulatory approach with other payment systems. This article discusses the regulatory approaches adopted in the EU and provides an overview that the SADC may use in order to adopt an effective regulatory framework for electronic money and the institutions that issue these methods of payment. It analyses both the achievements and the challenges that the EU faced (and continues to face) in developing the regulation of e-money, and recommends some possible approaches derived from the lessons learned.

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