Employees' Protection

2016 ◽  
pp. 206-233
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

Employees' Protection

2018 ◽  
pp. 1133-1152
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

Employees' Protection

2017 ◽  
pp. 951-970
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

Employees' Protection

2019 ◽  
pp. 1329-1348
Author(s):  
Chrysi Chrysochou ◽  
Ioannis Iglezakis
Keyword(s):  
Data Protection ◽  
General Framework ◽  
Case Law ◽  
Legal Framework ◽  
Smart Devices ◽  
Dominant Position ◽  
Digital Workplace ◽  
Surveillance Technology ◽  
Workplace Surveillance

This chapter describes the conflict between employers' legitimate rights and employees' right to privacy and data protection as a result of the shift in workplace surveillance from a non-digital to a technologically advanced one. Section 1 describes the transition from non-digital workplace surveillance to an Internet-centred one, where “smart” devices are in a dominant position. Section 2 focuses on the legal framework (supranational and national legislation and case law) of workplace surveillance. In section 3, one case study regarding wearable technology and the law is carried out to prove that national and European legislation are not adequate to deal with all issues and ambiguities arising from the use of novel surveillance technology at work. The chapter concludes by noting that the adoption of sector specific legislation for employees' protection is necessary, but it would be incomplete without a general framework adopting modern instruments of data protection.

scholarly journals The Evolution of Classical Evaluation Standards in Competition Law: The Legal Assessment of Tying in View of Challenges Raised by Digital Markets

2021 ◽  
pp. 113-139
Author(s):  
Mateusz Musielak
Keyword(s):  
Technological Development ◽  
Competition Law ◽  
Case Law ◽  
Legal Framework ◽  
Evaluation Standards ◽  
Dominant Position ◽  
Legal Assessment ◽  
Customer Group ◽  
Type Of Abuse ◽  
Modern Tool

This paper provides a detailed review of evaluation standards for the legal assessment of tying. This practice, which constitutes an abuse of a dominant position, is a significant breach of competition law. The mechanism of this type of abuse is based on taking advantage of market power in the supply of one product to create packed offerings capable of precluding competition from superior rival solutions. Tying occurs when one product, the “tying product”, is sold only with another product, the “tied product”. In the prevailing number of cases, tying serves to consolidate the company’s dominant position on the tied product market, which usually aims to share the tying product’s large customer group with the less-desired product. However, tying is not illegal per se. In many cases, it does not lead to any anti-competitive concerns, and might be beneficial for consumers. This is why each assessment of this conduct must be carefully evaluated with special attention given to the effects, in accordance with the generally applied effect-based approach, and also potential efficiencies. An analysis of the case-law and literature reveals the basic mechanisms for conducting a legal assessment of tying. However, the use of these mechanisms will not be possible without their adaptation to the ongoing changes caused by technological development. Digital markets not only generate incremental revenues, but are also the sources of new or unusual legal arrangements. It will more frequently be the case that existing provisions will not be able to address every new practice accurately without new acts. The Digital Markets Act aims to adapt the existing legal framework to contemporary market realities and to become a modern tool for enforcing competition law rules on digital markets. The European Commission is seeking to broaden its powers to intervene at the earliest possible stage, before an undertaking affects the competition on a market.

scholarly journals ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Rita De Sousa Costa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Personal Data Protection ◽  
Court Of Justice ◽  
European Data ◽  
Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

scholarly journals IoT and Smart Home Data Breach Risks from the Perspective of Data Protection and Information Security Law

2020 ◽  
Vol 11 (3) ◽  
pp. 167-185
Author(s):  
Goran Vojković ◽  
Melita Milenković ◽  
Tihomir Katulić
Keyword(s):  
Information Security ◽  
Data Protection ◽  
Smart Home ◽  
Personal Information ◽  
Legal Framework ◽  
Smart Devices ◽  
General Data Protection Regulation ◽  
General Data ◽  
Data Controller ◽  
Security Incidents

AbstractBackgroundIoT and smart devices have become extremely popular in the last few years. With their capabilities to collect data, it is reasonable to have concerns about the protection of users’ personal information and privacy in general.ObjectivesComparing existing regulations on data protection and information security rules with the new capabilities provided by IoT and smart devices.Methods/approachThis paper will analyse information on data collected by IoT and smart devices and the corresponding legal framework to explore whether the legal framework also covers these new devices and their functionalities.ResultsVarious IoT and smart devices pose a high risk to an individual's privacy. The General Data Protection Regulation, although a relatively recent law, may not adequately regulate all instances and uses of this technology. Also, due to inadequate technological protection, abuse of such devices by unauthorized persons is possible and even likely.ConclusionsThe number of IoT and smart devices is rapidly increasing. The number of IoT and smart home device security incidents is on the rise. The regulatory framework to ensure data controller and processor compliance needs to be improved in order to create a safer environment for new innovative IoT services and products without jeopardizing the rights and freedoms of data subjects. Also, it is important to increase awareness of homeowners about potential security threats when using IoT and smart devices and services.

scholarly journals Policing Faces: The Present and Future of Intelligent Facial Surveillance

2021 ◽  
Author(s):  
Lachlan Urquhart ◽  
Diana Miranda
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
High Risk ◽  
Data Protection ◽  
Police Officers ◽  
Case Law ◽  
Legal Issues ◽  
Design Requirements ◽  
The Eu

In this paper, we discuss present and future uses of intelligent facial surveillance (IFS) in law enforcement. We do this through an empirical and legally focused case study of live automated facial recognition (LFR) in British policing. In Part I we analyse insights from 26 frontline police officers on LFR, exploring their concerns and scepticism about the technology. We contextualise this discussion on LFR deployment by examining current UK case law which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we turn our attention to future uses of IFS, examining frontline officer optimism around LFR when integrated with other surveillance technologies. We also discuss the emergence of new forms of IFS, namely emotional AI (EAI) technologies in law enforcement.We discuss how the law may impact this optimism and integration, by analysing the new EU Proposed AI Regulation (AIR). This law makes LFR a prohibited form of AI in the EU, whilst EAI use by law enforcement will be regulated as a high risk AI system (HRAIS), and thus subject to new rules and design requirements. Part III draws together our reflections on the legal issues and officer perspectives into a series of 10 lessons. These consolidate a set of practical issues weobserve in deploying LFR and EAI. It highlights points that need attention for any future law enforcement use of IFS.

scholarly journals Problematic of Defining the Concept of the Beneficial Owner in Capital Companies, Associations and Foundations

2021 ◽  
Vol 2 (20) ◽  
pp. 136-148
Author(s):  
Diāna Bukēviča
Keyword(s):  
Analytical Method ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
General Nature ◽  
Case Study Method ◽  
Legal Norms ◽  
State Practice ◽  
Legal Subjects

This study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Cyber crimes in the banking sector: Case study of Vietnam

2020 ◽  
Vol 6 (05) ◽  
Author(s):  
LE Thanh Tam ◽  
Nguyen Minh Chau ◽  
Pham Ngoc Mai ◽  
Ngo Ha Phuong ◽  
Vu Khanh Huyen Tran
Keyword(s):  
Financial Literacy ◽  
Commercial Banks ◽  
Banking Sector ◽  
Secondary Data ◽  
Legal Framework ◽  
Economic Sectors ◽  
Technological Revolution ◽  
Survey Results ◽  
Cyber Crimes

The technological revolution 4.0 brings great opportunities, but also cybercrimes to economic sectors, especially to banks. Using secondary data and survey results of 305 bank clients, the main findings of this paper are: (i) there are several types of cybercrimes in the banking sector; (ii) Vietnam is one of the top countries worldwide having hackers and being attacked by hackers, especially the banking sector. Three most common attacks are skimming, hacking and phishing. Number of cybercrime attacks in Vietnam are increasing rapidly over years; (iii) Vietnamese customers are very vulnerable to cybercrime in banking, as more than 58% seem to hear about cybercrimes, and how banks provide services to let them know about their transactions. However, more than 50% do not have any deep knowledge or any measures for preventing cybercrime; (iii) Customers believe in banks, but do not think that banks can deal with cybercrime issues well. They still feel traditional transactions are more secure than e-transactions; (iv) the reasons for high cybercrimes come from commercial banks (low management and human capacity), supporting environment (inadequate), legal framework (not yet strong and strict enough on cybercrimes), and clients (low level of financial literacy). Therefore, several solutions should be carried out, from all stakeholders, for improving the cybersecurity in Vietnamese banks. 

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