scholarly journals The German Facebook Case: The Law and Economics of the Relationship between Competition and Data Protection Law

2020 ◽  
Author(s):  
Wolfgang Kerber ◽  
Karsten K. Zolna
Keyword(s):  
Data Protection ◽  
Law And Economics ◽  
Data Protection Law ◽  
The Law ◽  
The Relationship

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Intelligente Systeme – Intelligentes Recht

2021 ◽  
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Law School ◽  
Law And Technology ◽  
The Face ◽  
Science Conference ◽  
Data Protection Law ◽  
Smart Technologies ◽  
Adaptive Technologies ◽  
The Relationship

The relationship between law and technology is becoming increasingly complex due to the rapid advance of digitization and the development of new and "smart" technologies. Traditional anthropocentric concepts of law seem to be in question. Moreover, the ways in which law is made and applied are changing. In the face of new and adaptive technologies, must law and its enforcement themselves become more adaptive, and how can this be done? In their contributions to the 6th GRUR Young Science conference, young scientists will address these questions from the perspective of intellectual property, media, competition, information and data protection law and will present their theses for discussion at the online conference organized at Bucerius Law School on June 4 and 5, 2021. With contributions by Dr. Jonas Botta, Dr. Michael Denga, Prof. Dr. Philipp Hacker, Dr. Elsa Kirchner, David Korb, David Linke, Janine Marinello, Ferdinand Müller, Stefan Papastefanou, Dr. Joachim Pierer, Darius Rostam, Martin Schüßler, Florian Skupin, Sebastian Theß and Nora Wienfort.

6. Medical Confidentiality

2019 ◽  
pp. 162-200
Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove
Keyword(s):  
Medical Research ◽  
Data Protection ◽  
Medical Records ◽  
Legal Aspects ◽  
Patient Access ◽  
Legal Process ◽  
Medical Confidentiality ◽  
Data Protection Law ◽  
The Relationship

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.

‘Fraud’ and ‘Misleading Commercial Practices’: Modernising the Law of Defects in Consent

2016 ◽  
Vol 2016 (4) ◽  
Author(s):  
Francesco Paolo Patti
Keyword(s):  
Law And Economics ◽  
Contract Law ◽  
European Contract ◽  
Consumer Law ◽  
A Value ◽  
The Law ◽  
Civil Codes ◽  
The Relationship ◽  
Market Strategies ◽  
European Contract Law

AbstractThe rules provided by the civil codes on defects in consent were designed at a time when the notion of consumer law did not exist and fairness at the pre-contractual stage was not widely considered as a value worthy of protection. Matters have changed radically in the last three decades. The proliferation of rules protecting consumers on a European level, especially through information duties and rights of withdrawal, and the growing impact of general clauses, has led to a fragmentation of domestic contract law. This clash of different sets of rules is particularly conspicuous in the field of unfair commercial practices as the European legislator has not made provision for specific private law remedies for individual consumers in cases of misleading and aggressive commercial practices. This article addresses the particular issue of the applicability of the law of fraudulent misrepresentation to cases of misleading commercial practices. The purpose is to reconsider ‘fraud’ in terms of a defect in consent, in a manner that is both more in line with the modern features of European contract law and better able to counteract new market strategies based on exploiting cognitive weaknesses. The focus is thus put on the relationship between pre-contractual information duties and defective consent, as well as on some insights of law and economics, which demonstrate that ‘consent theories’ or ‘will theories’ cannot provide precise criteria to indicate when a contract should be void. In conclusion, a possible legislative intervention aiming to substitute the rules on fraud for a set of remedies for violation of information duties is discussed.

scholarly journals Investigating the efficacy of the Egyptian Data Protection Law on Media Freedom: Journalists’ perceptions

2022 ◽  
Vol 35 (1) ◽  
pp. 101-118
Author(s):  
Miral-Sabry AlAshry
Keyword(s):  
Data Protection ◽  
Focal Point ◽  
Personal Data ◽  
Press Freedom ◽  
Information Control ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
The Law ◽  
The Government ◽  
Using Data

The purpose of this study is to investigate the effectiveness of the Egyptian Personal Data Protection Law No. 151 for 2020, as well as its implications for journalistic practice. More specifically, the focal point of this study was to explore how Egyptian journalists interpret the law and its implication for press freedom in Egypt. The underpinning theoretical framework was informed by the Authoritarian school of thought. Questionnaires were distributed to 199 journalists from both independent and semi-governmental representing thirteen official newspapers of Egypt, while in-depth interviews were done with (3) Editors, (4) journalists, and (3) human rights lawyers. The finding of the study indicated that the government placed restrictions on journalists by using Data Protection Law relating to the media. That law is negatively impacting journalists and media houses. It was clear from the findings that the journalists see the law as an obstacle to media independence, as it allows the government to exercise greater information control through digital policy and puts rules of regulation against journalists.

Data Protection in the Cloud

2011 ◽  
Vol 12 (3) ◽  
Author(s):  
Peter Blume
Keyword(s):  
Cloud Computing ◽  
Member State ◽  
Data Protection ◽  
Data Security ◽  
Data Transfer ◽  
Protection Agency ◽  
Starting Point ◽  
Data Protection Law ◽  
The Relationship ◽  
Data Subject

AbstractThis article discusses the data protection issues made topical by cloud computing. It takes its starting point in a decision made by the Danish Data Protection Agency which is probably the first decision concerning this issue in an EU member state. The article focuses on the relationship between controller and processor, data security, data transfer and data subject rights. It concludes that cloud computing is a challenge but that data protection law should be able to meet that challenge.

scholarly journals The Concept of E-Voting Mechanism Based on Law of General Election and Information Security

2020 ◽  
Vol 3 (1) ◽  
pp. 19-36
Author(s):  
Bayu Sujadmiko ◽  
Iskardo P Panggar ◽  
Ade Sofyansah ◽  
Intan Fitri Meutia
Keyword(s):  
Data Management ◽  
Data Protection ◽  
Government Regulation ◽  
Personal Data ◽  
General Election ◽  
Personal Data Protection ◽  
General Elections ◽  
Data Protection Law ◽  
The Law ◽  
Voting Mechanisms

The development of technology has made transformation in the world; one of them is the implementation of e-voting systems in general elections. This research aims to dig deeper into the utilization of e voting in Indonesia's general election according to the Law on General Election, and research on the e-voting safety aspect in Indonesia's general election with the Law on ITE, government regulation on One Data Indonesia, and the Bill of Personal Data Protection Law. The research method is normative, which is delivered with an analytic-descriptive method. The results show that Indonesia has arranged elections with e-voting mechanisms for multiples of times, for example, in Jembrana Regency. Based on the General Election Law, e voting could be implemented in Indonesia. However, there are still considerations in terms of technology and preparation that should prevent unwanted burden. There needs to be a regulation for voters' data management to prevent violations against human rights. Data management must pay attention to safety aspects guided by the Law on ITE, government regulation on One Data Indonesia, and the Bill of Personal Data Protection Law

scholarly journals The Protection of Consumer’s Personal Data and the Electronic Geodiscrimination Practice

2021 ◽  
Vol 49 (1) ◽  
pp. 709-731
Author(s):  
Bárbara Guerra Chala ◽  
Cíntia Burille ◽  
Lucas Moreschi Paulo
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Research Technique ◽  
Protection Legislation ◽  
Consumer Data ◽  
General Data ◽  
Data Protection Law ◽  
The Law

The purpose of this study is to analyse the General Data Protection Law for the Protection of Personal Data from the perspective of the protection of the consumer's personal data, with a view to ascertaining the main aspects of the legislation and verifying its impacts in relation to geopricing practices and geoblocking. To that effect, it begins by addressing the principles of the new legislation that inform the activity of processing personal data. Right after, the main axes of structuring the law are presented, focusing on aspects that concern the processing of consumer data. Finally, the practices of geodiscrimination will be examined, with the effect of assessing the legal treatment in relation to such techniques and how they may be affected after the entry into force of the General Data Protection Law. For that, the hypothetico-deductive methodology and the bibliographic research technique were adopted. Thus, it is observed that new data protection legislation added to the protection of consumers' rights in relation to the practices of geopricing and geoblocking, insofar as the standard was designed to prevent the disinformation of the personal data holder on the purpose of the treatment of your information and the illegitimate treatment of personal data, as well as covering the possibility of redressing the consumer who holds personal data if he experiences damage.

Data Processing as an Abuse of Market Power in Multi-Sided Markets. The More Competition-Oriented Approach in the German Federal Supreme Court’s Interim Decision KVR 69/19 – Facebook

2021 ◽  
Author(s):  
Mark-Oliver Mackenrodt
Keyword(s):  
Data Processing ◽  
Supreme Court ◽  
Market Power ◽  
Data Protection ◽  
Competition Law ◽  
Competition Authority ◽  
Data Protection Law ◽  
Court Proceedings ◽  
The Relationship ◽  
Federal Supreme

Abstract The relationship between competition law and data protection law has been a highly controversial issue following the German Competition Authority’s (Bundeskartellamt, hereinafter ‘Competition Authority’) decision with regard to Facebook’s data processing policy. The Competition Authority’s theory of harm was centered around an exploitative abuse of market power through the imposition of a data processing policy which is in conflict with the data protection rules. In the interim court proceedings, the OLG Düsseldorf criticized the Competition Authority’s decision. The German Federal Supreme Court (Bundesgerichtshof, hereinafter ‘Federal Supreme Court’) upheld the Competition Authority’s decision. However, the Federal Supreme Court did not derive the exploitative abuse primarily from a mere violation of data protection law. Instead, the Court referred to the users’ lack of freedom of choice. The Court developed a modified theory of harm by identifying elements of an exploitative abuse but also of an exclusionary abuse. The Court’s line of argument is more competition-oriented and accounts for the particular economic features of multi-sided markets. In this line of reasoning, an actual violation of the data protection rules is not a necessary prerequisite for finding a violation of competition law.

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