scholarly journals ASSOCIAZIONI SPORTIVE DILETTANTISTICHE (ASD) E PROTEZIONE DEI DATI PERSONALI NEGLI ORIENTAMENTI DEL GARANTE

2021 ◽  
Vol 2 (2 - 2021) ◽  
Author(s):  
Fabio Bravo
Keyword(s):  
Legal System ◽  
Data Protection ◽  
Expert Knowledge ◽  
Specific Area ◽  
Case Law ◽  
Legal Issues ◽  
Data Protection Law

This essay, through the lens of case law concerning the rulings of the Italian Supervisor Authority, analyses the main legal issues relating to the compliance with data protection law by Amateur Sports Associations (ASA). Then it highlights the importance of both expert knowledge of practices, also through the study of case law in this area, and the identification of figures within the association, adequately trained in this specific area of the legal system.

scholarly journals ESTUDO SOBRE A REALIZAÇÃO DO DIREITO DA PROTECÇÃO DE DADOS PESSOAIS ATRAVÉS DA JURISPRUDÊNCIA DO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Rita De Sousa Costa
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Personal Data Protection ◽  
Court Of Justice ◽  
European Data ◽  
Data Protection Law

[PT]No presente texto, apresentamos as grandes linhas de aplicação do direito europeu da protecção de dados conforme gizadas pela jurisprudência do TJUE, com o objectivo de demonstrar como e em que medida este Tribunal modelou – e continua a modelar – o quadro jurídico em vigor, na certeza de que aquela jurisprudência impõe um conjunto de desafios determinantes para a realização material do direito europeu da protecção de dados pessoais. [ESP]Este texto presenta las líneas generales de la aplicación de la legislación europea de protección de datos tal como se establece en la jurisprudencia del TJUE, con el objetivo de demostrar cómo y en qué medida este Tribunal ha configurado -y sigue configurando- el marco jurídico vigente, con la certeza de que la dicha jurisprudencia plantea una serie de retos cruciales para la aplicación material del derecho europeo de la protección de datos personales. [ENG]This text outlines the implementation of the European data protection law as laid down in the case-law of the Court of Justice of the European Union, with the aim of demonstrating how and to what extent the Court has shaped – and continues to shape – the current legal framework. The case-law analysed points out a plethora of challenges which are key to the implementation of the European personal data protection law.

scholarly journals Stats Entertainment, Part Two: Football Data Analytics, Data Privacy, and the Legal Issues on the Horizon

2021 ◽  
Author(s):  
Christopher A. Flanagan
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Data Analytics ◽  
Data Privacy ◽  
Contextual Information ◽  
Holistic Approach ◽  
Legal Issues ◽  
Performance Data ◽  
Data Protection Law ◽  
Player Performance

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. This Part Two goes on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations) before taking into account some broader legal issues, such as the application of competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.

Incomplete Data Protection Law

2014 ◽  
Vol 15 (6) ◽  
pp. 1071-1104
Author(s):  
Kunbei Zhang
Keyword(s):  
Legal System ◽  
Data Protection ◽  
Personal Data ◽  
Tort Liability ◽  
Host Countries ◽  
European Data ◽  
Chinese Perspective ◽  
Data Protection Law ◽  
The Right

The European legal system governing data protection issues is widely regarded as an adequate blueprint for late developers to follow. According to this position, host countries will benefit from receiving the ready-made data protection law because it has already gone through a process of trial and error in Europe. For example, China follows the traditional civil law measures on data protection, such as contractual and tort liability. No Chinese legislation deals specifically with the right to protection of personal data. In China, researchers paid attention to the European legal system, which is regarded as the milestone for data protection. Some vigorously suggest that China should quickly move to enact data protection law based on the model provided by European law.When Chinese researchers strongly promote the European legal system over data protection issues, they send an underlying message that the quality of European laws is good enough to sufficiently deter violations: Individuals would be prohibited from carrying out harmful actions as soon as the expected law is transplanted to China. From a Chinese perspective, our country could quickly move to enact a similar law following the tone of Europe in order to enhance the efficiency of data protection. But is this a compelling position? Will European data protection laws indeed regulate unambiguously and prospectively? Will European data protection laws provide clear guidance to Chinese judges for resolving data protection-related cases? And will the court-enforced laws sufficiently solve the broad spectrum of problems on data use? Understanding the European enforcement mechanism covering data protection issues, and thereby assessing its efficacy on deterrence, is vital to answering these questions.

Die rechtliche Bewertung der Tätigkeit von Influencern unter besonderer Berücksichtigung werberechtlicher Problemstellungen

2021 ◽  
Author(s):  
Carolin Felicitas Alberts
Keyword(s):  
Data Protection ◽  
Problem Area ◽  
Legal Issues ◽  
Tax Law ◽  
Media Law ◽  
Legal Problem ◽  
Business Law ◽  
Trademark Law ◽  
Legal Questions ◽  
Data Protection Law

The phenomenon of influencers influences both business life and business law. Various legal violations of influencers are discussed on an ongoing basis. The author takes a comprehensive look at and assesses the legal issues that have arisen. The focus is on the question of when influencer posts are to be labeled as advertising. Here, the legal classification as advertising or editorial contributions is problematic. The author also addresses other legal questions concerning influencer activities. These concern, for example, the areas of media law, data protection law, trademark law, but also tax law. The author's intention is to create legal clarity in the new legal problem area of influencers.

scholarly journals Policing Faces: The Present and Future of Intelligent Facial Surveillance

2021 ◽  
Author(s):  
Lachlan Urquhart ◽  
Diana Miranda
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
High Risk ◽  
Data Protection ◽  
Police Officers ◽  
Case Law ◽  
Legal Issues ◽  
Design Requirements ◽  
The Eu

In this paper, we discuss present and future uses of intelligent facial surveillance (IFS) in law enforcement. We do this through an empirical and legally focused case study of live automated facial recognition (LFR) in British policing. In Part I we analyse insights from 26 frontline police officers on LFR, exploring their concerns and scepticism about the technology. We contextualise this discussion on LFR deployment by examining current UK case law which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we turn our attention to future uses of IFS, examining frontline officer optimism around LFR when integrated with other surveillance technologies. We also discuss the emergence of new forms of IFS, namely emotional AI (EAI) technologies in law enforcement.We discuss how the law may impact this optimism and integration, by analysing the new EU Proposed AI Regulation (AIR). This law makes LFR a prohibited form of AI in the EU, whilst EAI use by law enforcement will be regulated as a high risk AI system (HRAIS), and thus subject to new rules and design requirements. Part III draws together our reflections on the legal issues and officer perspectives into a series of 10 lessons. These consolidate a set of practical issues weobserve in deploying LFR and EAI. It highlights points that need attention for any future law enforcement use of IFS.

Legal Issues for DRM

2009 ◽  
pp. 314-334
Author(s):  
Vagelis Papakonstantinou
Keyword(s):  
Intellectual Property ◽  
Web 2.0 ◽  
Intellectual Property Rights ◽  
Data Protection ◽  
Competition Law ◽  
Legal Issues ◽  
The Internet ◽  
Property Law ◽  
Consumer Law ◽  
Data Protection Law

DRM systems have been implemented in the past few years by the Content Industry as the panacea against all copyright (and Intellectual Property Rights in general) infringements over the Internet. The validity of this statement shall be assessed in this analysis, identifying its strengths and record to-date and highlighting its shortcomings in an increasingly complex e-commerce (Web 2.0) environment. While doing this, particular attention shall be given to (mostly EU) Intellectual Property Law, Consumer Law, Data Protection Law, and Competition Law.

scholarly journals Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football

2021 ◽  
Author(s):  
Christopher A. Flanagan
Keyword(s):  
Data Protection ◽  
Data Analytics ◽  
Competition Law ◽  
Legal Issues ◽  
Performance Data ◽  
Regulatory Issues ◽  
Association Football ◽  
Legal Questions ◽  
Data Protection Law ◽  
Player Performance

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this article first considers whether the data produced in football is capable of ownership, whether in its raw format or after manipulation.  Next, the position in respect of data protection law (including FIFA’s Data Protection Regulations) is considered.  Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of this article are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances.  However, data protection law presents a more complicated problem, presenting a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.

Datenmacht in der kartellrechtlichen Missbrauchskontrolle

2019 ◽  
Author(s):  
Nela Grothe
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Legal Issues ◽  
Time Data ◽  
Effective Competition ◽  
Online Platforms ◽  
Data Protection Law ◽  
Trust Law ◽  
The Relationship

The continuously increasing relevance of online platforms has led to data being of extreme importance for competition. In the age of big data, data has created effective competition in terms of quality and innovation. At the same time, data power poses risks with regard to competition. As a result, numerous new legal issues have arisen concerning the treatment of such data power in relation to the regulation of antitrust abuse. This study examines the effects of data power on the regulation of antitrust abuse by referring to the German Federal Cartel Office’s (Bundeskartellamt) latest case against Facebook. It examines whether and how aspects of data protection can or should be considered with regard to the monitoring of abuse. It also provides an overview of the risks of data power in relation to antitrust issues and clarifies the relationship between anti-trust law and data protection law.

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