Data Protection Without Data Protectionism
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Data Protection Without Data Protectionism
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Author : Tobias Naef
language : en
Publisher: Springer Nature
Release Date : 2023-01-13
Data Protection Without Data Protectionism written by Tobias Naef and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-13 with Law categories.
This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
Governing Cross Border Data Flows
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Author : Svetlana Yakovleva
language : en
Publisher: Oxford University Press
Release Date : 2024-02-27
Governing Cross Border Data Flows written by Svetlana Yakovleva and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-27 with Law categories.
Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Artificial Intelligence And International Economic Law
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Author : Shin-yi Peng
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-14
Artificial Intelligence And International Economic Law written by Shin-yi Peng and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-14 with Computers categories.
Examines the interplay between artificial intelligence and international economic law, and its effects on global economic order. This title is also available as Open Access.
Digital Trade And Data Privacy
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Author : Roman Pascal Kalin
language : en
Publisher: Springer Nature
Release Date : 2024-11-26
Digital Trade And Data Privacy written by Roman Pascal Kalin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-26 with Law categories.
This monograph provides a comprehensive examination of the intricate legal challenges arising at the intersection of digital trade and data privacy. It argues in favour of an integrated approach to understanding the dynamic interaction between digital trade and data privacy, with the aim of building a bridge between these two fields of law. Cross-border data flows are paramount for the operational efficiency and productivity of companies across diverse industries. The ongoing economic transformation, characterized by the perception of data as both a commodity and currency, exacerbates the tension between the push for economic liberalization of cross-border transfers of personal data under a trade rationale and the limitations imposed on such transfers for non-economic reasons. Given that the regulation of cross-border personal data transfers is profoundly influenced by both international trade law and national data privacy laws, a complex relationship has developed between the normative values that underpin these legal frameworks. This publication centers on the resulting interdependence of digital trade and data privacy in a global digital economy. It provides a contribution to the debate on a (re)contextualisation of trade law against the background of the advent of digital trade.
Disconnecting Sovereignty
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Author : Mariavittoria Catanzariti
language : en
Publisher: Springer Nature
Release Date : 2024-08-07
Disconnecting Sovereignty written by Mariavittoria Catanzariti and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-07 with Law categories.
This book explores the dynamic legal semantics of territory as applied to data. It offers a theoretical assessment of the legal challenges that data flows pose for the principle of territoriality and for state sovereignty more generally. The concept of sovereignty has traditionally developed in close connection with the exercise of powers over a territory, and ideas of jurisdiction have always been based on the principle of territoriality. Digitalization questions however the very idea of physical frontiers. Interconnected networks make data in effect borderless. Data can in fact be created, stored, processed, and accessed anytime and from anywhere. The idea of the book is upbeat: the law can keep pace with the ability of data to fragment reality. The condition for this is that sovereignty disconnects from territory. Disconnection is not getting rid of the territory once and for all, it only means that for data alternatives to the territorial connection exist. The analysis focuses on data from a holistic perspective (personal and nonpersonal) with the aim of investigating divergent and convergent solutions provided by different branches of the law (data protection, IP law, international law, and fundamental rights protection). It assesses in particular, the relationships between digitalization and the principle of territoriality, focusing on the specific legal aspects: the connections between law and territory; the impact of digitalization on state sovereignty; the use of extraterritoriality to circumvent territorial limitations on data flows; the rise of digital jurisdiction and its challenges; the interplay between digital jurisdiction and state sovereignty, and the alternative technological and legal solutions to data localization.
Augmented Cognition
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Author : Dylan D. Schmorrow
language : en
Publisher: Springer Nature
Release Date : 2025-05-29
Augmented Cognition written by Dylan D. Schmorrow and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-29 with Computers categories.
The two volume set LNAI 15778 and LNAI 15779 constitutes the refereed proceedings of the 19th International Conference on Augmented Cognition, AC 2025, held as part of the 27th HCI International Conference, HCII 2025, which took place in Gothenburg, Sweden, June 22–27, 2025. The total of 1430 papers and 355 posters included in the HCII 2025 proceedings was carefully reviewed and selected from 7972 submissions. The papers have been organized in topical sections as follows: Part I: Neurotechnology and eye tracking in augmented cognition; augmented cognitiona dn user experience; Part II: Emotions in augmented cognition; enhancing learning and memory.
Routledge Handbook On Transnational Commercial Law
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Author : Bruno Zeller
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-21
Routledge Handbook On Transnational Commercial Law written by Bruno Zeller and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-21 with Law categories.
This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution. The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past twenty years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law. Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.
Data Localization Laws And Policy
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Author : W. Kuan Hon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017
Data Localization Laws And Policy written by W. Kuan Hon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Cloud computing categories.
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.
The Oxford Handbook Of International Trade Law
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Author : Daniel L. Bethlehem
language : en
Publisher: Oxford University Press
Release Date : 2022
The Oxford Handbook Of International Trade Law written by Daniel L. Bethlehem and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Business & Economics categories.
The Oxford Handbook of International Trade Law offers extensive analysis and critique on the principles of modern international trade law, considering the systems of trade between nations in their economic and institutional contexts.
Data
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Author : Robert Herian
language : en
Publisher: Routledge
Release Date : 2021-03-31
Data written by Robert Herian and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-31 with Business & Economics categories.
This book explores the phenomenon of data – big and small – in the contemporary digital, informatic and legal-bureaucratic context. Challenging the way in which legal interest in data has focused on rights and privacy concerns, this book examines the contestable, multivocal and multifaceted figure of the contemporary data subject. The book analyses "data" and "personal data" as contemporary phenomena, addressing the data realms, such as stores, institutions, systems and networks, out of which they emerge. It interrogates the role of law, regulation and governance in structuring both formal and informal definitions of the data subject, and disciplining data subjects through compliance with normative standards of conduct. Focusing on the ‘personal’ in and of data, the book pursues a re-evaluation of the nature, role and place of the data subject qua legal subject in on and offline societies: one that does not begin and end with the inviolability of individual rights but returns to more fundamental legal principles suited to considerations of personhood, such as stewardship, trust, property and contract. The book’s concern with the production, use, abuse and alienation of personal data within the context of contemporary communicative capitalism will appeal to scholars and students of law, science and technology studies, and sociology; as well as those with broader political interests in this area.