scholarly journals Manipulation by algorithms. Exploring the triangle of unfair commercial practice, data protection, and privacy law

2021 ◽  
Author(s):  
Philipp Hacker
Keyword(s):  
Data Protection ◽  
Commercial Practice ◽  
Privacy Law ◽  
Unfair Commercial Practice

A study on the personal data processing and the UCPD: Focused on Italy, Germany and the UK

2020 ◽  
pp. 1023263X2096149
Author(s):  
Maja Nisevic
Keyword(s):  
Big Data ◽  
Data Processing ◽  
Consumer Protection ◽  
Data Protection ◽  
Big Data Analytics ◽  
Personal Data ◽  
The European Union ◽  
Consumer Privacy ◽  
Commercial Practice ◽  
Unfair Commercial Practice

Manipulation with Big Data Analytics allows commercial exploitation of individuals based on unfair commercial practices. Consequently, the concepts of consumer protection are essential in the data-driven economy and a central issue for effective safety for individuals in the Big Data Age. Although the fields of consumer protection and data protection in the European Union (EU) have developed separately, there is an unambiguous relationship between them. While the GDPR plays a crucial role in an individual’s data protection in a case of personal data processing, Directive 2005/29/EC (UCPD) plays an essential role in regulating an individual’s protection from the unfair commercial practice when it comes to personal data processing. A vital aspect of the UCPD is the enforcement of issues related to consumer privacy. However, a much-debated question is whether the UCPD is fully effective or not when it comes to personal data processing. This paper examines case law examples on WhatsApp and Facebook in Italy, Germany and the United Kingdom. This paper also aims to come to a conclusion on the issue of the applicability of the rules on unfair commercial practice when it comes to data processing.

Integrating Law, Technology and Design: Teaching Data Protection & Privacy Law in a Digital Age

2021 ◽  
Author(s):  
Marcelo Corrales Compagnucci ◽  
Mark Fenwick ◽  
Helena Haapio ◽  
Erik P.M. Vermeulen
Keyword(s):  
Data Protection ◽  
Digital Age ◽  
Privacy Law ◽  
Technology And Design

Data Protection

2016 ◽  
Author(s):  
Tibor Tajti
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Commercial Law ◽  
Insolvency Law ◽  
Member States ◽  
Privacy Law ◽  
Data Protection Directive ◽  
Data Protection Law ◽  
Made In

Chapter VI is a new chapter in the EIR. Its presence signals the importance that data protection law has gained in Europe since the adoption of the Data Protection Directive 95/46/EC (DPD) and Regulation 45/2001. Although the DPD is not—though it comes close to—a maximum harmonisation directive, its implementation by Member States by the end of 1998 increased data protection standards on national levels as well. Yet the concrete reason that led to the addition of this Chapter is the expanded scope of the EIR as far as the exchange and publication of personal data is concerned. The expansion and thus the enhanced need for data protection is due in particular to the provision made in the recast EIR for newly established interconnected national insolvency registers, accessible via the European e-Justice Portal. This provision has been made at a time when data protection law is increasingly recognised as a ‘stand-alone’ subject, emancipated from privacy law, as expressed indirectly also by the popularisation of the ‘data protection’ nomenclature originating in the German term ‘Datenschutz’. This has clear implications for private and commercial law, including insolvency law.

Privacy and Manipulation in the Digital Age

2019 ◽  
Vol 20 (1) ◽  
pp. 157-188 ◽  
Author(s):  
Tal Z. Zarsky
Keyword(s):  
Data Protection ◽  
Digital Age ◽  
Policy Option ◽  
The Other ◽  
Legal Intervention ◽  
Future Directions ◽  
Privacy Law ◽  
Intuitive Appeal ◽  
Visceral Response ◽  
Policy Setting

Abstract The digital age brings with it novel forms of data flow. As a result, individuals are constantly being monitored while consuming products, services and content. These abilities have given rise to a variety of concerns, which are most often framed using “privacy” and “data protection”-related paradigms. An important, oft-noted yet undertheorized concern is that these dynamics might facilitate the manipulation of subjects; a process in which firms strive to motivate and influence individuals to take specific steps and make particular decisions in a manner considered to be socially unacceptable. That it is important and imperative to battle manipulation carries with it a strong intuitive appeal. Intuition, however, does not always indicate the existence of a sound justification or policy option. For that, a deeper analytic and academic discussion is called for. This Article begins by emphasizing the importance of addressing the manipulation-based argument, which derives from several crucial problems and flaws in the legal and policy setting currently striving to meet the challenges of the digital age. Next, the Article examines whether the manipulation-based concerns are sustainable, or are merely a visceral response to changing technologies which cannot be provided with substantial analytical backing. Here the Article details the reasons for striving to block manipulative conduct and, on the other hand, reasons why legal intervention should be, in the best case, limited. The Article concludes with some general implications of this discussion for the broader themes and future directions of privacy law, while trying to ascertain whether the rise of the manipulation-based discourse will lead to information privacy’s expansion or perhaps its demise.

Legal Importance of Codes of Ethics in Insurance

2019 ◽  
Vol 4 (101) ◽  
pp. 18-32
Author(s):  
Bartosz Kucharski
Keyword(s):  
Code Of Ethics ◽  
Self Regulation ◽  
Codes Of Ethics ◽  
Civil Code ◽  
Unfair Competition ◽  
Insurance Market ◽  
Due Diligence ◽  
Ethical Codes ◽  
Commercial Practice ◽  
Unfair Commercial Practice

According to the author, codes of ethics are of significant importance as an example of self-regulation of the insurance market despite the fact that they do not belong to the constitutional sources of law. Non-compliance with the code of ethics by an entrepreneur may constitute unfair commercial practice in relation with consumers or unfair competition practice in relation with other entrepreneurs. Moreover, codes of ethics may specify the contents of general clauses regulated by the Civil Code, thus influencing the contents of the contracts concluded and validity of clauses thereof as well as the unlawfulness as an element of tortious fault and the level of professional due diligence required to be released from liability for the non-performance of contracts. In the author’s opinion, the entry into force of the Insurance Distribution Act ought to encourage updating and concretisation of the existing ethical codes.

scholarly journals The Law and Finance of Initial Coin Offerings

Cryptoassets ◽  
2019 ◽  
pp. 117-156 ◽  
Author(s):  
Aurelio Gurrea-Martínez ◽  
and Nydia Remolina
Keyword(s):  
Corporate Governance ◽  
Money Laundering ◽  
Data Protection ◽  
Law And Finance ◽  
Privacy Law ◽  
Section Viii ◽  
The Law ◽  
Financial Challenges ◽  
Insolvency Proceedings ◽  
Initial Coin Offerings

This chapter analyzes the legal and financial aspects of Initial Coin Offerings (ICOs). Section I examines the concept, features, and structure of an ICO. Section II analyzes the different regulatory approaches to deal with ICOs. Section III provides an overview of some of the accounting and financial challenges ICOs generate. Section VI focuses on the corporate governance aspects of ICOs. Section V analyzes how ICOs may raise issues related to money laundering, and how regulators and policymakers can deal with these problems. Section VI provides an overview of the challenges of ICOs from the perspective of privacy law and data protection. Section VII examines how insolvency may affect the issuer and buyer of tokens, and how insolvency jurisdictions should deal with those issues arising in insolvency proceedings involving cryptoassets. Finally, Section VIII discusses the jurisdictional issues arising in ICOs.

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