scholarly journals Data Access, Consumer Interests and Public Welfare

2021 ◽  
Keyword(s):  
Data Access ◽  
Legal Framework ◽  
Data Governance ◽  
Consumer Law ◽  
Governance Systems ◽  
Consumer Interests ◽  
Access Rights ◽  
Specific Regulation ◽  
Coordinate Data ◽  
Do So

Data are considered to be key for the functioning of the data economy as well as for pursuing multiple public interest concerns. Against this backdrop this book strives to device new data access rules for future legislation. To do so, the contributions first explain the justification for such rules from an economic and more general policy perspective. Then, building on the constitutional foundations and existing access regimes, they explore the potential of various fields of the law (competition and contract law, data protection and consumer law, sector-specific regulation) as a basis for the future legal framework. The book also addresses the need to coordinate data access rules with intellectual property rights and to integrate these rules as one of multiple measures in larger data governance systems. Finally, the book discusses the enforcement of the Government’s interest in using privately held data as well as potential data access rights of the users of connected devices.

DATA SHARING IN IOT ECOSYSTEMS AND COMPETITION LAW: THE EXAMPLE OF CONNECTED CARS

2019 ◽  
Vol 15 (4) ◽  
pp. 381-426 ◽  
Author(s):  
Wolfgang Kerber
Keyword(s):  
Competition Law ◽  
Data Access ◽  
Smart Device ◽  
Vehicle Data ◽  
Dominant Firms ◽  
Competition Rules ◽  
Connected Cars ◽  
Access Rights ◽  
Specific Regulation ◽  
Access To Data

ABSTRACT This paper analyzes whether competition law can help to solve problems of access to data and interoperability in Internet of Things (IoT) ecosystems, where often one firm has exclusive control of the data produced by a smart device (and of the technical access to this device). Such a gatekeeper position can lead to the elimination of competition for aftermarket and other complementary services in such IoT ecosystems. This problem is analyzed both from an economic and a legal perspective and also generally for IoT ecosystems as well as for the much discussed problems of “access to in-vehicle data and resources” in connected cars, where the “extended vehicle” concept of the car manufacturers leads to such positions of exclusive control. The paper analyzes, in particular, the competition rules about abusive behavior of dominant firms (Art. 102 TFEU) and of firms with “relative market power” (§ 20 (1) GWB) in German competition law. These provisions might offer (if appropriately applied and amended) at least some solutions for these data access problems. Competition law, however, might not be sufficient for dealing with all or most of these problems, that is, that also additional solutions might be needed (data portability, direct data (access) rights, or sector-specific regulation).

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Regulating for Content on the Internet: Meeting Cultural and Social Objectives for Broadband

2001 ◽  
Vol 101 (1) ◽  
pp. 19-31 ◽  
Author(s):  
Gerard Goggin ◽  
Catherine Griff
Keyword(s):  
The Internet ◽  
Final Report ◽  
Media Convergence ◽  
Different Types ◽  
The Future ◽  
Broadcasting Regulation ◽  
Productivity Commission ◽  
Specific Regulation ◽  
Film And Video ◽  
Do So

Much of the present debate about content on the internet revolves around how to control the distribution of different sorts of harmful or undesirable material. Yet there are considerable issues about whether sufficient sorts of desired cultural content will be available, such as ‘national’, ‘Australian’ content. In traditional broadcasting, regulation has been devised to encourage or mandate different types of content, where it is believed that the market will not do so by itself. At present, such regulatory arrangements are under threat in television, as the Productivity Commission Broadcasting Inquiry final report has noted. But what of the future for certain types of content on the internet? Do we need specific regulation and policy to promote the availability of content on the internet? Or is such a project simply irrelevant in the context of gradual but inexorable media convergence? Is regulating for content just as quixotic and fraught with peril as regulating of content from a censorship perspective often appears to be? In this article, we consider the case of Australian content for broadband technologies, especially in relation to film and video, and make some preliminary observations on the promotion and regulation of internet content.

scholarly journals Towards a hierarchy of consumption behaviour in the circular economy

2019 ◽  
Vol 26 (3) ◽  
pp. 394-420 ◽  
Author(s):  
Eléonore Maitre-Ekern ◽  
Carl Dalhammar
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Legal Framework ◽  
Consumption Patterns ◽  
European Union Law ◽  
Consumer Law ◽  
Consumption Behaviour ◽  
Single Use

In their roles as purchasers, users and dischargers of used products, consumers play an important role in the circular economy. In this article, we put forward a ‘hierarchy of consumption behaviour’ to support European Union policymaking. Among the priorities are avoiding the purchase of single-use and unnecessary products, prolonging the lifetime of products through maintenance and engaging in repair activities. Moreover, the hierarchy intends to privilege sharing and leasing to buying and second-hand products to new ones. Finally, consumption in the circular economy also requires allowing products to re-circulate. Changing consumption patterns is difficult insofar as they are largely determined by the paradigm upon which our economy is built and are enabled by the existing legal framework, most notably European Union consumer law. The article contains concrete recommendations to develop European Union law and promote the proposed hierarchy.

scholarly journals COMPLIANCE OF CORPORATE GOVERNANCE IN BOSNIA AND HERZEGOVINA WITH EUROPEAN UNION STANDARDS

2018 ◽  
pp. 340-355
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Quality Level ◽  
The European Union ◽  
Governance System ◽  
Governance Systems ◽  
Principles And Standards

Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.

scholarly journals Deficiencies in the Legal Framework of Housing in Pakistan: A Critical Analysis

2020 ◽  
Vol V (IV) ◽  
pp. 17-28
Author(s):  
Mirza Shahid Rizwan Baig ◽  
Rao Qasim Idrees ◽  
Hafiz Muhammad Usman Nawaz
Keyword(s):  
Local Governments ◽  
Critical Analysis ◽  
Regulatory Mechanism ◽  
Legal Framework ◽  
Financial Impact ◽  
Islamic Republic ◽  
Effective Manner ◽  
Housing Industry ◽  
Special Priority ◽  
Do So

Housing has been given a special priority by the present Government of Pakistan due to its huge financial impact. One of the basic necessities of life includes housing. Housing has been acknowledged as directory principle under the Constitution of Islamic Republic of Pakistan 1973. Under the scheme of the Constitution of Pakistan 1973, the provision of housing units is primarily the responsibility of the Local Governments in the provinces, but they have miserably failed to do so. This article points out some of the major reasons and obstacles due to which housing laws are unable to regulate the housing industry of Pakistan in an effective manner. At the end of this article, some suggestions and recommendations have been given, which are necessary to improve the legislative as well as the regulatory mechanism of the housing industry in Pakistan.

scholarly journals Chatbots by business vis-à-vis consumers: A new form of power and information asymmetry

2021 ◽  
Vol 129 ◽  
pp. 05002
Author(s):  
Zanda Davida
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Information Asymmetry ◽  
Value Added ◽  
Legal Framework ◽  
Consumer Law ◽  
Study Results ◽  
The Sixties ◽  
Guidance Documents ◽  
New Form

Research background: The first notable early chatbots were created in the sixties, but the growing use of artificial intelligence (AI) has powered them significantly. Studies show that basically chatbots are created and used for purposes by government and business, mostly in consumer service and marketing. The new Proposal of the Artificial intelligence act aims to promote the uptake of AI and address the risks associated with certain uses of such technology. However, the act contains only minimum transparency obligation for some specific AL systems such as chatbots. Purpose of the article: In light of this issue, the article aims to discuss how existing European Union (EU) consumer law is equipped to deal with situations in which the use of chatbots can pose the risks of manipulation, aggressive commercial practices, intrusion into privacy, exploitation of a consumer’s vulnerabilities and algorithmic decision making based on biased or discriminatory results. Methods: The article will analyse the legal framework, compare guidance documents and countries’ experiences, study results of different consumer behavior researches and scientific articles. Findings & Value added: The article reveals several gaps in current EU consumer law and discusses the flaws of proposing legislation (particularly the Proposal for an Artificial intelligence act) regarding relations between business and consumers.

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