scholarly journals Intermediary Liability in the EU Digital Common Market

2021 ◽  
pp. 1-12
Author(s):  
Thomas Hoffmann ◽  
Sander Sagar
Keyword(s):  
Law School ◽  
Common Market ◽  
The European Union ◽  
Digital Platforms ◽  
Digital Architecture ◽  
Digital Services ◽  
Market Opportunities ◽  
Intermediary Liability ◽  
Ecologically Sustainable ◽  
The Eu

The European Union is committed to its transition towards climate neutrality and digital leadership, and synergies to be created in the EU Digital Common Market provide ample opportunities to achieve these goals: While from an economic perspective, the maximisation of market opportunities and the creation of a globally competitive digital economy are desirable, the transition must be technologically and ecologically sustainable and additionally compatible with established EU consumer protection standards. The latter is especially relevant in terms of the liability of online intermediaries for digital services, taking into account the rapid transformation of the digital architecture and the emergence of new major digital platforms for sales and services. This chapter, which is based on the Bachelor thesis handed in by Sander Sagar and supervised by Thomas Hoffmann for graduation at TalTech Law School, Tallinn University of Technology, intends to elucidate how the transition towards a common digital market is legally established in practice using as an example the adoption of the intermediaries’ liability regime to a digitalized environment from the E-Commerce Directive to the Digital Services Act.

scholarly journals Entry Into the Common Market of the European Union in Terms of Czech Republic’s Foreign Trade with Dairy Products

2018 ◽  
Vol 66 (2) ◽  
pp. 605-616 ◽  
Author(s):  
Ivo Zdráhal ◽  
Věra Bečvářová
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Foreign Trade ◽  
Dairy Products ◽  
Business Environment ◽  
Common Market ◽  
Milk Product ◽  
The European Union ◽  
The Czech Republic ◽  
The Eu

The aim of the paper is to evaluate the development of the Czech foreign trade in milk and milk products and specify the typical features and consequences within its territorial and commodity structure using a specific system of indicators intended to show a relevant image on the topic. The analysis covers the period between 1999 and 2015 and are interpreted in the context of changes of the business environment that have occurred in the last two decades, particularly in relation to the Czech Republic’s entry into the European Union. Throughout the studied period, the Czech Republic revealed a positive balance of trade in milk and dairy products, as well as favourable values of TC index (value of coverage of import by export). The dynamics of the territorial structure of export and import is embodied in the overall trade dynamics between the Czech Republic and countries of EU-28. The Czech Republic’s entry into the EU common market, however, led to a change in the trading milk product structure. As a negative is regarded the fact that the structure of Czech export to the EU countries has changed and that is mainly concentrated on basic raw milk or dairy products of the first phase of processing with relatively low added value.

scholarly journals Competition Law and State Aid for Failing Banks in the EU and its Specific Implications for CEE Member States

2016 ◽  
Vol 9 (14) ◽  
pp. 145-157
Author(s):  
Virág Blazsek
Keyword(s):  
European Union ◽  
State Aid ◽  
Common Market ◽  
Competition Authority ◽  
The European Union ◽  
Member States ◽  
Positive Effects ◽  
The Stability ◽  
Bank Bailouts ◽  
The Eu

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State aid” category. The above shifts show that the EC itself deflected from relevant EU laws in order to systemically rescue important banks in Europe and restore their financial stability. The paper argues that bank bailouts and bank rescue packages by the State have led to different effects on market structures and consumer welfare in the Eurozone and non-Eurozone areas, mostly the Eastern segments of the European Union. As such, it is argued that they are inconsistent with the European common market. Although the EC tried to minimize the distortion of competition created as a result of the aforementioned case law primarily through the application of the principle of exceptionality and different compensation measures, these efforts have been at least partially unsuccessful. Massive State aid packages, the preferential treatment of the largest, or systemically important, banks through EU State aid mechanisms – almost none of which are Central and Eastern European (CEE) – may have led to the distortion of competition on the common market. That is so mainly because of the prioritization of the stability of the financial sector and the Euro. The paper argues that State aid for failing banks may have had important positive effects in the short run, such as the promotion of the stability of the banking system and the Euro. In the longrun however, it has contributed to the unprecedented sovereign indebtedness in Europe, and contributed to an increased economic and political instability of the EU, particularly in its most vulnerable CEE segment.

scholarly journals THE FUTURE OF DIGITAL PLATFORM ECONOMY FROM A PERSPECTIVE OF GDP, TAX POLICIES, FDI AND REGULATORY FRAMEWORK IN EU COUNTRIES

2021 ◽  
Author(s):  
Vito Bobek ◽  
◽  
Shuporna Ghosh ◽  
Tatjana Horvat ◽  
◽  
...  
Keyword(s):  
Regulatory Framework ◽  
Digital Data ◽  
Asia Pacific ◽  
Tax Policies ◽  
The European Union ◽  
Digital Platforms ◽  
Digital Platform ◽  
Eu Countries ◽  
Platform Economy ◽  
The Eu

Digital data are core to all fast-emerging digital technologies, such as data analytics, artificial intelligence (AI), blockchain, the internet of things (IoT), cloud computing, and all internet-based services. The dominance of global digital platforms, their control of data, and their capacity to create and capture the ensuing value further accentuate concentration and consolidation rather than reduce inequalities between and within countries. This paper will analyze the digital platform economy in the European Union (EU) in the backdrop of the US and Asia Pacific digital platform economy and throw some light on critical factors for developing the conducive and globally competitive digital industry in the EU. This will be studied through some of the influences such as share of GDP, tax policies, FDI, and regulatory framework in the EU countries, contributing to creating a framework for a competitive global landscape of the EU.

scholarly journals EU-BREXIT-CEE-UKRAINE: EUROPE’S HEALTHIER FUTURE AND SOCIO-ECONOMIC LEADERSHIP

2021 ◽  
Vol 20 (Issue Vol 20, No 3 (2021)) ◽  
pp. 423-439
Author(s):  
Eckhard FREYER
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Cultural Heritage ◽  
Common Market ◽  
Economic Downturn ◽  
European Research ◽  
The European Union ◽  
Eu Member States ◽  
Scientific Institutions ◽  
The Eu

The horrors of WWII changed history and created a better Europe based on a Common market as an essential signal of unity among the EU member states. Now generations have grown up in peace and growing prosperity. However, a decade ago, ECB/EU had to overcome the EU-euro-financial crisis and now Brexit. In addition, Covid19 crisis brings many pressing problems, as the Coronavirus pandemic is likely to result in Europe/Germany’s largest economic downturn in the last seven decades. Loss of prosperity, des-integration in the European Union could escalate further. Even in academic and scientific institutions and in European research networks difficulties are relevant. Can we overcome Brexit / Corona and create a healthy Europe that is a global socioeconomic leader? Based on our Cultural Heritage across Europe we must look further than Brexit, and even more seek solutions to the Ukrainian conflict.

scholarly journals EU-BREXIT-CEE-UKRAINE: EUROPE’S HEALTHIER FUTURE AND SOCIO-ECONOMIC LEADERSHIP

2020 ◽  
Vol 19 (Vol 19, No 3 (2020)) ◽  
pp. 423-439
Author(s):  
Eckhard FREYER
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Cultural Heritage ◽  
Common Market ◽  
Economic Downturn ◽  
European Research ◽  
The European Union ◽  
Eu Member States ◽  
Scientific Institutions ◽  
The Eu

The horrors of WWII changed history and created a better Europe based on a Common market as an essential signal of unity among the EU member states. Now generations have grown up in peace and growing prosperity. However, a decade ago, ECB/EU had to overcome the EU-euro-financial crisis and now Brexit. In addition, Covid19 crisis brings many pressing problems, as the Coronavirus pandemic is likely to result in Europe/Germany’s largest economic downturn in the last seven decades. Loss of prosperity, des-integration in the European Union could escalate further. Even in academic and scientific institutions and in European research networks difficulties are relevant. Can we overcome Brexit / Corona and create a healthy Europe that is a global socioeconomic leader? Based on our Cultural Heritage across Europe we must look further than Brexit, and even more seek solutions to the Ukrainian conflict.

scholarly journals Prospects for Taxation of Digital Companies in the European Union: Problems and Contradictions

2020 ◽  
Vol 14 (2) ◽  
pp. 25-31
Author(s):  
M. V. Lysunets
Keyword(s):  
European Union ◽  
Optimal Taxation ◽  
The European Union ◽  
Eu Member States ◽  
Existing Problems ◽  
Digital Services ◽  
Alternative Approaches ◽  
Future Direction ◽  
The Eu

In the article, the author examines the trends in taxation of digital companies in the European Union (EU), as well as analyses the challenges posed by digitalisation to the current tax system, alternative approaches to taxation of digital companies; identifies existing problems in the taxation of digital companies; considers the challenges and contradictions of introducing additional taxes on digital services. Based on official EU statistics, the author analyses the specifics and problems of taxation of digital companies in the territory of the EU Member States and the entire region as a whole, and consider the role of various tools in the development of optimal taxation of such companies. The result of the study revealed a separate injustice in the taxation of digital companies compared to traditional companies, identified the main problems of the taxation of digital companies, defined the future direction of development of the taxation of digital companies in the EU.

scholarly journals ‘Gender inequality- now available on digital platform’: an interplay between gender equality and the gig economy in the European Union

2020 ◽  
pp. 203195252095385
Author(s):  
Neha Vyas
Keyword(s):  
Gender Inequality ◽  
Policy Development ◽  
The European Union ◽  
Pay Gap ◽  
Digital Platforms ◽  
Digital Platform ◽  
Female Workers ◽  
Gig Economy ◽  
Brick And Mortar ◽  
The Eu

This article is directed towards addressing the employment related issues encountered by female workers in the gig economy in the EU. It revolves around analysing ‘the switch’ from the traditional labour market to the platform economy. It subsequently explains, by drawing comparisons, that the issues of gender inequality in the brick and mortar world are still prevalent in world of the digital platform. In fact, new challenges have emerged which are specifically related to the gig economy. Female workers are now affected by the inherent bias of algorithms. Moreover, due to the unequivocal propagation of ‘flexibility’ which is used as a weapon to glorify the gig economy; women are even more likely to be pushed into precarious work. The other prominent issues of gender inequality like the dynamics of intersectionality, the gender pay gap and hiring policies in traditional and digital platforms are also examined. Furthermore, the existing regulatory frameworks addressing these issues are discussed with the possibility of catering to the gender inequality issues in the gig economy through policy development. The article concludes with a reflection on the need for the EU to take immediate and efficacious policy measures in respect of female workers in the gig economy.

scholarly journals A New Order: The Digital Services Act and Consumer Protection

2021 ◽  
pp. 1-17
Author(s):  
Caroline CAUFFMAN ◽  
Catalina GOANTA
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
Freedom Of Expression ◽  
Regulatory Reform ◽  
New Order ◽  
The European Union ◽  
European Union Law ◽  
Digital Platforms ◽  
Digital Services

On 16 December 2020, the European Commission delivered on the plans proposed in the European Digital Strategy by publishing two proposals related to the governance of digital services in the European Union: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The much-awaited regulatory reform is often mentioned in the context of content moderation and freedom of expression, market power and competition. It is, however, important to bear in mind the contractual nature of the relationship between users and platforms and the additional contracts concluded on the platform between the users, in particular traders and consumers. Moreover, the monetisation offered by digital platforms has led to new dynamics and economic interests. This paper explores the reform proposed by the European Commission by means of the DSA by touching upon four main themes that will be addressed from the perspective of consumer protection: (1) the internal coherence of European Union law; (2) intermediary liability; (3) the outsourcing of solutions to private parties; and (4) digital enforcement.

scholarly journals THE EU REGULATORY ACTIVITIES IN THE AREA OF DIGITAL PLATFORMS AND SERVICES PROVISION

2021 ◽  
Author(s):  
Kosjenka Dumančić
Keyword(s):  
Service Providers ◽  
Rapid Development ◽  
Internal Market ◽  
Fundamental Rights ◽  
Negative Consequences ◽  
Digital Platforms ◽  
Digital Service ◽  
Digital Services ◽  
The Eu ◽  
Service Provisions

New and innovative ways of service provisions based on digital platforms have changed the ways in which doing business, communicating and connecting providers to users in the EU Internal Market are shaped and transformed. Since the adoption of the Directive 2000/31/EC (the E-Commerce Directive) in 2000 digital services have gained market dominance, and this has become especially evident during the Covid-19 virus crisis when the importance of digital technologies in all aspects of modern life became prominent. It has clearly shown the dependency of the economy and the society on digital services highlighting both the benefits and the risks that stem from the current framework for the functioning of the services provided by the digital platforms regardless of whether they are defined as digital services or not. In the European Commission (EC) Communication “Shaping Europe’s Digital Future” the EC committed to update the horizontal rules that define the responsibilities and obligations of digital service providers, and online platforms in particular. Additionally, the European Parliament’s “Report on the Digital Services Act and fundamental rights issues posed” highlights the need for legal clarity of platforms and users, as well as respect for fundamental rights in the light of the rapid development of technology. According to the current data, the digital platforms account for over 10% of the EU's 45 million users. These platforms are subject not only to the specific obligations in controlling their own risks, but also to a new oversight structure. In 2020 the EC initiative was finalized by the “Proposal for a Regulation on a Single Market for Digital Service” which addresses the negative consequences arising from certain behaviours on platforms. Since the EU Internal market is impacted significantly by platforms that serve as intermediaries for business users to reach their customers, sometimes these companies assume control over the entire platform ecosystems, which in turn can grant them the opportunity to regulate certain relations. The controlling power comes from the practices that platform companies exercise and from using the data of the businesses and users operating on these platforms. This paper aims to analyse the current regulation on digital platforms and digital service provisions in the EU Internal Market and offer some conclusions on its possible impact on the market’s functioning especially in the times of the Covid-19 pandemic and subsequently.

EU Health Policy

2015 ◽  
pp. 98-109
Author(s):  
Hakan Cavlak ◽  
Abdülkadir Işik ◽  
Davuthan Günaydin
Keyword(s):  
European Union ◽  
Health Policy ◽  
Health Sector ◽  
Maastricht Treaty ◽  
Common Market ◽  
Health Policies ◽  
The European Union ◽  
Health Issues ◽  
Market System ◽  
The Eu

Although not openly identified in treaties until the Maastricht Treaty, health has always been a crucial area for the European Union (EU), since freedoms provided and regulations brought by common market also dealt with several sections of the health sector. All concerning parts of health sector have to be subject to both freedoms and regulations of single market system. Despite the value given to health and related issues, a separate or supranational policy dealing with health issues has not been formed by the EU. The member states keep their privilege on health policies. However, the EU does not stay completely aside of health issues; on the contrary, the EU got involved in certain areas of health, especially the ones which have cross-border implications. In this chapter, the matter of to what extent the EU got involved in health issues is researched and the question of if the EU has a concrete health policy is analyzed.

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