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

2021 ◽  
Author(s):  
Carolin Felicitas Alberts

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.

Author(s):  
Christopher A. Flanagan

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.


Author(s):  
Christopher A. Flanagan

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.


2021 ◽  
Vol 2 (2 - 2021) ◽  
Author(s):  
Fabio Bravo

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.


Author(s):  
Vagelis Papakonstantinou

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.


2019 ◽  
Author(s):  
Nela Grothe

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.


2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura

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.


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