Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws

Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws PDF

Author: Sára Gabriella Hoffman

Publisher: PL Academic Research

Published: 2017

Total Pages: 0

ISBN-13: 9783631677391

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This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. It discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. It focusses on the impact of the EU General Data Protection Regulation.

Privacy and Legal Issues in Cloud Computing

Privacy and Legal Issues in Cloud Computing PDF

Author: Anne S. Y Cheung

Publisher: Edward Elgar Publishing

Published: 2015-06-29

Total Pages: 319

ISBN-13: 1783477075

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Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading i

IT Laws in the Era of Cloud-Computing

IT Laws in the Era of Cloud-Computing PDF

Author: Xenofon Kontargyris

Publisher: Nomos Verlag

Published: 2018-12-10

Total Pages: 378

ISBN-13: 3845295627

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Der Band dokumentiert die Ergebnisse und Empfehlungen einer Analyse zur Frage, wie sich IT-Gesetze entwickeln sollten, unter der Prämisse, dass die heutige und zukünftige Informations- und Kommunikationstechnologie durch Cloud Computing geprägt ist. Insbesondere entwickelt sich diese Untersuchung auf einer vergleichenden und einer interdisziplinären Achse, d.h. als Rechtsvergleich zwischen EU und US-Recht und interdisziplinär zwischen Recht und IT. Die Arbeit konzentriert sich auf den Schwerpunkt vom Datenschutz und Datensicherheit in Cloud-Umgebungen und analysiert drei Hauptherausforderungen auf dem Weg zu einer effizienteren Cloud-Computing-Regulierung: Verständnis der Gründe für die Entwicklung divergierender Rechtsordnungen und Denkschulen zum IT-Recht Gewährleistung der Privatsphäre und Datenschutz in der Cloud konvergierende Regulierungsansätze für die Cloud in der Hoffnung auf eine harmonisierte Landschaft von IT-Gesetzen in der Zukunft.

Private Power, Online Information Flows and EU Law

Private Power, Online Information Flows and EU Law PDF

Author: Angela Daly

Publisher: Bloomsbury Publishing

Published: 2016-12-01

Total Pages: 184

ISBN-13: 1509900640

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This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.

Transatlantic Data Protection in Practice

Transatlantic Data Protection in Practice PDF

Author: Rolf H. Weber

Publisher: Springer

Published: 2017-10-10

Total Pages: 162

ISBN-13: 3662554305

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This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

Standardization under EU Competition Rules and US Antitrust Laws

Standardization under EU Competition Rules and US Antitrust Laws PDF

Author: Björn Lundqvist

Publisher: Edward Elgar Publishing

Published: 2014-05-30

Total Pages: 491

ISBN-13: 1781954860

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Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus

Regulating New Technologies in Uncertain Times

Regulating New Technologies in Uncertain Times PDF

Author: Leonie Reins

Publisher: Springer

Published: 2019-03-21

Total Pages: 313

ISBN-13: 9462652791

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This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.

Big Data and Competition Law

Big Data and Competition Law PDF

Author: Alptekin Koksal

Publisher: Taylor & Francis

Published: 2023-11-13

Total Pages: 157

ISBN-13: 1000995844

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Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.

Maritime Organisation, Management and Liability

Maritime Organisation, Management and Liability PDF

Author: Stephen Girvin

Publisher: Bloomsbury Publishing

Published: 2021-05-20

Total Pages: 400

ISBN-13: 1509942939

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This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.

Data Localization Laws and Policy

Data Localization Laws and Policy PDF

Author: W. Kuan Hon

Publisher: Edward Elgar Publishing

Published:

Total Pages: 488

ISBN-13: 1786431971

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Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.