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Author: Jan Czarnocki
Publisher: Bloomsbury Publishing
ISBN: 1509974520
Category : Law
Languages : en
Pages : 351
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Book Description
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Author: Tatiana-Eleni Synodinou
Publisher: Springer Nature
ISBN: 3030695832
Category : Law
Languages : en
Pages : 646
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Book Description
With the ongoing evolution of the digital society challenging the boundaries of the law, new questions are arising – and new answers being given – even now, almost three decades on from the digital revolution. Written by a panel of legal specialists and edited by experts on EU Internet law, this book provides an overview of the most recent developments affecting the European Internet legal framework, specifically focusing on four current debates. Firstly, it discusses the changes in online copyright law, especially after the enactment of the new directive on the single digital market. Secondly, it analyzes the increasing significance of artificial intelligence in our daily life. The book then addresses emerging issues in EU digital law, exploring out of the box approaches in Internet law. It also presents the last cyber-criminality law trends (offenses, international instrument, behaviors), and discusses the evolution of personal data protection. Lastly, it evaluates the degree of consumer and corporate protection in the digital environment, demonstrating that now, more than ever, EU Internet law is based on a combination of copyright, civil, administrative, criminal, commercial and banking laws.
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: 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: 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: Jan Czarnocki
Publisher: Bloomsbury Publishing
ISBN: 1509974520
Category : Law
Languages : en
Pages : 351
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Book Description
This book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
Author: Ulf Bernitz
Publisher: Kluwer Law International B.V.
ISBN: 9403512253
Category : Law
Languages : en
Pages : 695
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Book Description
Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
Author: Folkert Wilman
Publisher: Oxford University Press
ISBN: 0198892853
Category : Law
Languages : en
Pages : 625
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Book Description
The EU Regulation on a Single Market for Digital Services (Digital Services Act, the 'DSA') is a comprehensive legal framework to regulate digital services and to tackle illegal activity online across the European Union. The DSA represents one of the main pillars of the EU's reform of the digital single market. It applies horizontally to online intermediaries operating in the EU, including online platforms such as social media, video-sharing platforms, online marketplaces, and search engines. The EU Digital Services Act: A Commentary serves as a reference work on the DSA, written by experts who have been closely involved in all steps of the law-making process, from the preparation of the proposal to the final negotiations, as well as its subsequent elaboration and application. This commentary provides a comprehensive article-by-article analysis that will allow the reader to navigate the provisions of this new, complex legal act. While being novel, the DSA does not enter a completely unchartered territory: numerous provisions draw inspiration from, or are applied together with, the provisions of other Acts and areas of EU law. This Commentary explores the jurisprudential origins of the provisions of the DSA and their articulation with other EU Acts, which will be essential for its interpretation and application. With a foreword by Maciej Szpunar, the First Advocate General at the EU Court of Justice, The EU Digital Services Act: A Commentary strikes a balance between a practical commentary and an academic analysis, and is aimed at legal practitioners, academics, and public authorities.
Author: Reiner Schulze
Publisher:
ISBN: 9783848789115
Category :
Languages : en
Pages : 0
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Book Description
Author: Asif Khan
Publisher: GRIN Verlag
ISBN: 3346984052
Category : Business & Economics
Languages : en
Pages : 286
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Book Description
Doctoral Thesis / Dissertation from the year 2023 in the subject Business economics - Trade and Distribution, , language: English, abstract: This doctoral dissertation deals with rules on digital trade in the light of WTO agreements. Digital trade has brought about profound changes in the international trade framework. Traditional trade, which primarily involved the exchange of physical goods, has now expanded to encompass a wide range of digitally delivered services, online transactions, and data flows. This transformation has been driven by advancements in technology and the increasing interconnectedness of the global economy. The digital economy encompasses various digital technologies and platforms and has become a significant driver of economic growth and innovation. It allows businesses to reach international markets more quickly and efficiently, transcending geographical barriers. The internet, mobile devices, cloud computing, and artificial intelligence have facilitated this digital transformation. These technologies enable seamless communication, data storage and processing, automation, and personalised services, revolutionising how businesses operate and engage in international trade. Digital trade has created new opportunities for businesses of all sizes. Small and medium-sized enterprises have benefited from the ability to access global markets through digital platforms and e-commerce. These platforms provide a means for Small and medium-sized enterprises to connect with potential customers worldwide, establish their presence, and market their products and services without needing a physical presence in foreign markets. This has lowered entry barriers and empowered Small and medium-sized enterprises to participate in global value chains, expanding their reach and contributing to economic growth. One of the notable developments in the digital trade era is the rise of platform-based businesses. These platforms, such as e-commerce marketplaces, ride-sharing services, and online payment systems, act as intermediaries connecting buyers and sellers across borders. They facilitate transactions, provide infrastructure and services, and enable businesses to expand their customer base globally. Platforms have become influential players in international trade, shaping market dynamics and redefining traditional trading system.
Author:
Publisher:
ISBN:
Category : Computer networks
Languages : en
Pages : 774
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Book Description
