Digital Economy

2019 ◽  
pp. 131-170
Author(s):  
Anu Bradford
Keyword(s):  
Data Protection ◽  
Hate Speech ◽  
Digital Economy ◽  
The Internet ◽  
Eu Legislation ◽  
The World ◽  
The Eu

Chapter 5 focuses on two areas of regulation that have been central to the EU’s efforts to regulate the digital economy: data protection and the regulation of hate speech online. The chapter first reviews the EU legislation governing data protection and explains the economic and political drivers behind it. It then discusses some examples of both the de facto and de jure Brussels Effect on data protection. Then, the focus turns to online hate speech, again reviewing the regulation, the underlying economic and political motivations, as well as examples of how the EU has drawn the line between acceptable and unacceptable speech in the internet era—not just in Europe but around the world.

ECJ ruling further dims EU-US data protection outlook

2015 ◽  
Keyword(s):  
Data Storage ◽  
Data Protection ◽  
The United States ◽  
The Internet ◽  
Content Type ◽  
Transatlantic Trade ◽  
Data Flows ◽  
The Us ◽  
Trade And Investment ◽  
The Eu

Significance The ECJ ruling could add to potential disruptions to transatlantic commercial data flows arising from the EU's developing data protection regime that a study for the US Chamber of Commerce valued at 0.8-1.3% of EU GDP. The ruling weakens the United States in negotiations over the new EU regime, as well as over the Transatlantic Trade and Investment Partnership (TTIP). Impacts The ruling may bolster development of EU-based cloud facilities as EU users seek to avoid the risks of US-based data storage. This could reduce US firms' estimated 76% share of the EU cloud market. It would also lead to further fragmentation of the internet as a global resource.

scholarly journals The End of Privacy? Paradoxes and Dilemmas of Internet Use and Online Surveillance

MaRBLe ◽  
2018 ◽  
Vol 4 ◽  
Author(s):  
Carolyn Gaumet
Keyword(s):  
North America ◽  
East Asia ◽  
Data Protection ◽  
Perceived Usefulness ◽  
The Internet ◽  
Individual Data ◽  
Daily Lives ◽  
Security Issues ◽  
Privacy Measures ◽  
The Eu

With the Internet growing in importance in our daily lives, concerns about privacy and data protection have emerged. While people worry about where they data may end up, they continue making themselves openly transparent by sharing information about themselves and their lives online. This study aims to understand the paradoxes between privacy considerations – mainly, the wish to keep individual data private and secure – and the actions that people undertake in reality. More specifically, it focuses on three paradoxes and dilemmas of privacy: age, perceived usefulness, and rewards. These will be studied by analyzing the results of a survey, in which respondents from the EU, North America and East Asia were asked about their online habits and their opinions on various security issues and privacy measures. The analysis ultimately aims to further the understanding of privacy paradoxes, and what hinders people from protecting their data sufficiently.

Oblivion Is Full of Memory

2021 ◽  
pp. 441-465
Author(s):  
Anabelen Casares Marcos
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Self Determination ◽  
Current Status ◽  
The Internet ◽  
General Data Protection Regulation ◽  
Legal Duty ◽  
General Data ◽  
The Right ◽  
The Eu

The right to informational self-determination has raised bitter debate over the last decade as to the opportunity and possible scope of the right to demand withdrawal from the internet of personal information which, while true, might represent a detriment that there is no legal duty to put up with. The leading case in this topic is that of Mario Costeja, Judgment of the EU Court of Justice, May 13, 2014. The interest of recent European jurisprudence lies not so much in the recognition of such a right but in the appreciation of certain limits to its implementation, assisting data protection authorities in balancing the rights at stake in each case. Reflection on the current status of the issue considers rights and duties imposed in the matter by Regulation (EU) 2016/679, of 27 April, known as the new General Data Protection Regulation.

Data Protection in the Clouds

2019 ◽  
pp. 146-164
Author(s):  
Christopher Millard
Keyword(s):  
Cloud Computing ◽  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
The Internet ◽  
Effective Protection ◽  
Legal Perspective ◽  
Alternative Approaches ◽  
Computing Environments ◽  
The Eu

This chapter brings a legal perspective to bear on the topic of data protection on the contemporary Internet in which personal information is increasingly stored and processed in, and accessed from, “the cloud.” The reliance of ever more apps, websites, and services on cloud providers contrasts with earlier days of the Internet in which much more data was stored locally on personal computers. At a time when there is ever more use of cloud computing, this chapter illuminates the complexities over what information in cloud computing environments is protected as personal data, and who is responsible. Will data protection laws, such as those in the EU, protect us, or are there alternative approaches to providing effective protection for personal data in clouds? This chapter airs the question of whether a greater focus should be placed on localizing personal data, as advocated by the Internet pioneer, Tim Berners-Lee.

scholarly journals Can the Internet Forget? – Rhe Eight to be Forgotten in the EU Law and its Actual Impact on the Internet. Comparison of the Approaches Towards the Notion and Assessment of its Effectiveness

2020 ◽  
Vol 9 (1) ◽  
pp. 86-101
Author(s):  
Aleksandra Gebuza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Eu Law ◽  
General Data Protection Regulation ◽  
Actual Impact ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
The Eu

AbstractThe main aim of the article is to provide analysis on the notion of the right to be forgotten developed by the CJEU in the ruling Google v. AEPD & Gonzalez and by the General Data Protection Regulation within the context of the processing of personal data on the Internet. The analysis provides the comparison of approach towards the notion between European and American jurisprudence and doctrine, in order to demonstrate the scale of difficulty in applying the concept in practice.

scholarly journals EU Data Protection Rules and the Lack of Compliance in Sweden

2020 ◽  
Vol 3 (2) ◽  
pp. 95-103
Author(s):  
Ester Herlin-Karnell
Keyword(s):  
Data Protection ◽  
Market Access ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Internet ◽  
Eu Law ◽  
Private Data ◽  
External Dimension ◽  
The Right ◽  
The Eu

In this short reflection paper, I will set out to explain how and why Sweden breaches EU data protection rules. I will start by providing a brief overview of the EU data protection framework to paint the background picture. Thereafter I will discuss the scope for derogating from the obligations set out in the GDPR and thereby test the Swedish exception and show that it is not proportionate and undermines the purpose of the GDPR. Subsequently, I will discuss why some core fundamental rights of EU law should not be possible to derogate from, when as in the Swedish case it seems to boil down to economic question of who gets to own the data. I will conclude by linking the question of the right to data protection and why licenses should not give companies a carte blanche to publish personal data about people in Sweden to the question of market access. There is an imbalanced relationship here, to use the internal market vocabulary, with Swedish people having all their private data published online while other EU states do not do that. Likewise, there is an external dimension here: the data is available on the internet globally and therefore third countries also access it.

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