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.

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Online Marketing ◽  
Step Test ◽  
The European Union ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Managerial Implications ◽  
Data Protection Law ◽  
Legal Frameworks

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

scholarly journals The European Union and the Search for an International Data Protection Framework

2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
International Data ◽  
Data Protection Law ◽  
Eu Fundamental Rights ◽  
Global Data ◽  
The Eu

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

Genetic Privacy

2019 ◽  
pp. 713-730
Author(s):  
Elsa Supiot ◽  
Margo Bernelin
Keyword(s):  
European Union ◽  
Data Protection ◽  
Privacy Protection ◽  
Technological Development ◽  
Genetic Data ◽  
Legal Framework ◽  
The European Union ◽  
Genetic Privacy ◽  
Data Protection Directive ◽  
Health Related

This chapter analyzes the European Union framing of the protection of genetic privacy in the context of the European Commission's 2012 proposal to amend the 95/46/EC Data Protection Directive. This market-driven proposal, fitting a wider European movement with regard to health-related legal framework, takes into account the challenges to privacy protection brought by rapid technological development. Although the proposal is an attempt to clarify the 1995 Data Protection Directive, including the question of genetic data, it also creates some controversial grey areas, especially concerning the extensive regulatory role to be played by the European Commission. With regard to genetic privacy, this chapter takes the opportunity to develop on this paradox, and gives an analysis of the European design on the matter.

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 Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions

2020 ◽  
Vol 5 (7) ◽  
pp. 1333-1336
Author(s):  
Aashana Chandak
Keyword(s):  
United States ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
United States Of America ◽  
The United States ◽  
The European Union ◽  
General Data ◽  
Adequate Communication ◽  
Multiple Jurisdictions

Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions

scholarly journals Fogyasztóvédelem a villamosenergia szolgáltatás területén

2020 ◽  
Vol 15 (28) ◽  
pp. 37-85
Author(s):  
Judit Barta
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Eu Regulation ◽  
Consumer Rights ◽  
Energy Union ◽  
The Law ◽  
The Eu ◽  
Research Studies

This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.

scholarly journals Developing The Personal Data Protection In The European Union: A Consumer-Oriented Approach The Romanian Experience

2008 ◽  
Vol 12 (1) ◽  
pp. 63-74
Author(s):  
Calin Veghes
Keyword(s):  
European Union ◽  
Data Protection ◽  
Direct Marketing ◽  
Personal Data ◽  
Legal Framework ◽  
Public Institutions ◽  
Legal Rights ◽  
The European Union ◽  
Personal Data Protection ◽  
Laws And Regulations

Protection of personal data represents a relatively recent concern for all the entities consumers, organizations and public institutions involved in the development of the direct marketing industry and the overall Romanian market. Noteworthy growth of the direct marketing campaigns, increase in the consumer demands and expectations and the background provided by the countrys adhesion to the European Union, have determined a strong necessity to build up a legal framework for protection of the personal data. Important steps have been made when laws no. 677 (on the protection of the personal data in terms of their processing and free circulation - 2001), no. 506 (on the processing of personal data and protection of privacy in the electronic communications sector - 2004) and no. 102 (regarding the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing - 2005) have been issued. Adoption of the Directive no. 95/46/EC has connected Romanian and European Union legal framework of the personal data protection. Enforcement of the existing legal background has revealed several problems that have affected activities conducted mainly by the direct marketing and marketing research companies. Relatively unclear definition of the content of personal data to be protected appeared to be one of the most important. From this point, at least the following questions should be answered:what is the specific meaning of the personal data? What data is personal and must be protected through dedicated laws and regulations?are public initiatives best ways and public institutions sole entities to handle the development of an effective legal background for the personal data protection?how important is the voice of the consumers in the process of development of a regulatory environment in this area? Should those to be protected represent the main source of initiating and building the related legal framework?An exploratory survey on a sample including 96 Romanian urban consumers aged 18 to 45 has been conducted aiming to provide information on the: importance of the data protection for the consumers, main characteristics of the data protection legal environment (area of protection, public-private, respectively national-international relationships in terms of the data protection, need for national or international laws and regulations), content of the personal data to be protected by a more precisely defined object of the law, consumer preferences regarding the opt-in and opt-out mechanisms, knowledge associated to the legal rights of consumers related to the personal data protection as they are granted through the existing law, major risks associated with the absence or improper personal data protection mechanisms, consumers exposure to the personal communication media, preferences for personal sources of information and perceived importance of personalization as potential factors to be considered for the development of the personal data protection legal framework, opportunity to develop and implement a Robinson list.Results of the survey may serve as a starting point for a future research conducted at the level of a national representative sample and the Romanian experience may be considered for the upcoming effort to develop a legal framework of the personal data protection in the European Union based on the consumers views, needs and expectations.

scholarly journals The Legal Framework for Protecting the Right to Freedom of Thought, Conscience and Religion in Romania as a Member State of the European Union

2018 ◽  
Vol 6 (1) ◽  
pp. 9
Author(s):  
Dan Vataman
Keyword(s):  
European Union ◽  
Member State ◽  
Human Life ◽  
Public Awareness ◽  
Legal Framework ◽  
The European Union ◽  
Second Stage ◽  
Freedom Of Thought ◽  
Legal Frameworks ◽  
The Right

<em>The freedom of thought, conscience and religion constitutes nowadays a basic right of individuals for determining their perception of human life and society, which is why it represents a necessary requirement for all democratic societies. Taking into account that violations of the right to freedom of thought, conscience and religion may exacerbate intolerance and often constitute early indicators of potential violence and conflicts, the aim of this study is to raise public awareness on the fact that this freedom is a fundamental right of every human being, a right that needs to be protected everywhere and for everyone. For this purpose, the analysis is focused, in a first stage, on clarifying the essential features of the right to freedom of thought, conscience and religion so that, in a second stage, to be presented the European and Romanian legal frameworks for protection of the right to freedom of thought, conscience and religion. As a novelty, this study attempts to outline how it is implemented the right to freedom of thought, conscience and religion in Romania, highlighting achievements, but without trying to avoid weaknesses and the less pleasant aspects as it shown in US Department of State’s report.</em>

scholarly journals Challenges of consumer protection regarding artificial intelligence

2021 ◽  
Vol 11 (5) ◽  
pp. 325-331
Author(s):  
Ibolya Stefán
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Storage ◽  
Consumer Protection ◽  
Data Protection ◽  
White Paper ◽  
The European Union ◽  
Computing Power ◽  
The Past ◽  
Digital Era

Artificial intelligence has gained more significance in the past few years because of the advanced algorithms, increased data storage and computing power. On the contrary, the novelty has several disadvantages, such as lack of transparency or the possibility of data protection problems. Thereby, there is an urgent need to regulate it properly. As a result of the phenomenon, the European Commission has created a Proposal for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence and Amending Certain Union Legislative Act’ in order to protect EU citizens, consumers. The so-called ‘Artificial Intelligence Act’ highlights the importance of consumer protection, as it was established in a previous EU document, the White paper on Artificial Intelligence. This paper aims to examine the regulatory framework of AI on the level of the European Union and to describe the challenges of consumer protection in this new digital era.

Sign in / Sign up

Export Citation Format

Share Document