Author: Anu Bradford
Publisher: Oxford University Press
ISBN: 0190088591
Category : Law
Languages : en
Pages : 425
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Book Description
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Author: Werner Stengg
Publisher: Edward Elgar Publishing
ISBN: 1035338645
Category : Law
Languages : en
Pages : 331
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Book Description
This thought-provoking book follows the EU's journey into the digital age, explaining how it uses legislation and policy to tackle challenges such as the abuse of market power by Big Tech companies and the spread of hate speech and disinformation.
Author: Emilios Avgouleas
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110749513
Category : Law
Languages : en
Pages : 299
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Book Description
Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1316512770
Category : Law
Languages : en
Pages : 383
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Book Description
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author: Tatiana-Eleni Synodinou
Publisher: Springer
ISBN: 3319649558
Category : Law
Languages : en
Pages : 440
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Book Description
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Author: Arno R. Lodder
Publisher: Edward Elgar Publishing
ISBN: 1800372094
Category : Law
Languages : en
Pages : 565
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Book Description
Significantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content.
Author: David Levy
Publisher: Routledge
ISBN: 1134547080
Category : Political Science
Languages : en
Pages : 228
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Book Description
Europe's Digital Revolution assesses the impact of digital broadcasting on regulatory practices in Europe. The current roles and responsibilities of nation states and the EU will have to respond to rapid technological and market developments. Levy considers how these responsibilities are likely to be divided in the future, and which are the emerging issues and problems.
Author: Giuseppe Mazziotti
Publisher: Springer Science & Business Media
ISBN: 3540759859
Category : Law
Languages : en
Pages : 378
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Book Description
This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.
Author: Inge Graef
Publisher: Kluwer Law International B.V.
ISBN: 9041183256
Category : Law
Languages : en
Pages : 342
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Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
Author: Robert K. Knake
Publisher: Council on Foreign Relations Press
ISBN: 9780876093931
Category :
Languages : en
Pages : 34
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Book Description
"More and more countries are being drawn into the Chinese model of state-controlled networks that limit privacy, build in the capacity for censorship, and provide the backbone for the surveillance state," Knake explains. By forming a digital trade zone among democracies, "the United States and its allies can create a compelling alternative to the authoritarian web," he writes. The author makes a number of recommendations for the U.S. government to create a digital trade zone, including: Establish a treaty organization to coordinate cybersecurity and law enforcement efforts. "Working with Canada and Mexico, the United States could establish such an organization under the auspices of USMCA [United States-Mexico-Canada Agreement], work out its functions, and then seek to draw in other countries to participate." Create a shared tariff and sanctions policy. "Trade zone members should agree to jointly sanction nonmember states that harbor cybercriminals or participate in banned activities." Create sustained funding for collective efforts. "The agreement should require each member state to contribute annual payments to the treaty organization." Involve nongovernmental stakeholders. "For the digital trade zone to achieve its goals, individual and corporate user groups, internet service providers, content service providers, software and hardware makers, and cybersecurity companies will all need to be involved." Clean up the open web. "A crucial part of this effort should be a sustained, coordinated effort to dismantle the infrastructure used by cybercriminals." Table the hardest issues. "Certain complicated issues in internet governance are unlikely to be resolved by trade negotiators and should be tabled to prevent stalling the formation of the trade zone." "The United States has a short window to draw Europe in and create a competing vision that would attract fence-sitters such as Brazil, India, and Indonesia, which have democratic traditions and are wary of Chinese hegemony on the web," warns Knake. "By tying access to the digital trade zone to obligations for cybersecurity, privacy, and law enforcement cooperation . . . the United States and its allies can force countries to choose between access to their markets or tight control of the internet in the Chinese model." "Securing an open, interoperable, secure, and reliable internet against threats from authoritarian regimes will likely require abandoning hope that such a network can be global," concludes Knake.
