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What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the fundamental principles of the EU? The first part of the collection explores the EU's approach to the regulation of scientific and technological risk, and the link between the regulation of technology and the internal market. In detail, the chapters analyse the interaction between EU law, bioethics and medical and health technologies. The second part of the collection enhances on this, and the chapters scrutinize specific policy areas in order to explain the alternate ways in which EU policy and technology cooperate.
The Regulation of Digital Technologies in the EU by Vagelis Papakonstantinou,Paul De Hert Pdf
EU regulatory initiatives concerning technology-related topics have spiked over the past few years. On the basis of its Priorities Programme, which is focused on making Europe ‘Fit for the Digital Age’, the European Commission has been busily releasing new texts aimed at regulating a number of technology topics, including data uses, online platforms, cybersecurity, and artificial intelligence. This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe. Bringing together an analysis of the regulatory initiatives for the management of technology topics in the EU for the first time, this book will be of interest to academics, policymakers, and practitioners, sparking academic and policymaking interest and discussion.
Regulating New Technologies in Uncertain Times by Leonie Reins Pdf
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.
European Law and New Health Technologies by Mark L. Flear,Anne-Maree Farrell,Tamara K Hervey,Thérèse Murphy Pdf
New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.
Council of Europe,European Union Agency for Fundamental Rights
Author : Council of Europe,European Union Agency for Fundamental Rights Publisher : Council of Europe Page : 402 pages File Size : 53,8 Mb Release : 2018-04-15 Category : Political Science ISBN : 9789287198495
Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
New Technology, Big Data and the Law by Marcelo Corrales,Mark Fenwick,Nikolaus Forgó Pdf
This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.
General Principles of EU Law and the EU Digital Order by Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries Pdf
General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. 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 European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.
Emerging Technologies Law by Thomas J. Shaw,Thomas J Shaw Esq Pdf
Technological innovation moves humankind forward and the law follows. This book provides a cohesive and comprehensive look at the law of emerging technologies by examining selected technologies and guidance, standards, statutes, and cases in the United States and Europe. After a brief history of technology's intersection with the law and a framework for understanding any emerging technology, it discusses and analyzes selected emerging technologies. The technologies presented are: social media, mobile computing, BYOD, cloud computing, digital identity, digital authentication, biometrics, critical infrastructure, smart grids, smart meters, the Internet of Things (including smart homes, smart cities, industrial Internet, connected cars, driverless vehicles, smart appliances), Big Data, virtual currencies, distributed ledgers, electronic health records, telemedicine, robots, artificial intelligence, virtual reality, 3D printing, wearables, mobile health devices, drones, augmented reality, and mobile payments. The book's audience comprises lawyers new to information and Internet law including law students, lawyers updating their knowledge on the latest technologies, guidance, statutes and cases, and lawyers desiring a U.S.-EU comparative legal perspective on emerging technologies law. Completely up-to-date to November 2016 with the latest developments, this book comprehensively surveys the area of emerging technologies law, working seamlessly with its companion book: Information and Internet Law: Global Practice. Bringing a unique and global perspective to explain a complex topic, the author has written numerous books on legal technology and legal history, teaches U.S.-EU comparative information, Internet, and emerging technologies law, and has worked worked in complementary disciplines across the major areas of the world. This book is the result of those many years of experience and insight.
Technology Transfer and the New EU Competition Rules by Steven D. Anderman,John Kallaugher Pdf
The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.
The Emergence of Personal Data Protection as a Fundamental Right of the EU by Gloria González Fuster Pdf
This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.
Smart Technologies and the End(s) of Law by Mireille Hildebrandt Pdf
This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and
The European Union and the Technology Shift by Antonina Bakardjieva Engelbrekt,Karin Leijon,Anna Michalski,Lars Oxelheim Pdf
This book explores the multiple challenges that the global technology shift is posing to the EU. It raises the question of how European societies will mobilize the positive effects of the rapid technological advancement in digitalization, robotization, and artificial intelligence, while mitigating the negative consequences in terms of job losses, cybercrime, and social and political polarization. From the vantage point of experts from economics, law, and political science, this book provides insights into the role that the EU is and ought to be playing in regulating global platform companies, addressing taxation in the digital economy, mitigating job displacements on the labour market, and tackling ethical concerns of artificial intelligence and the prospect of digital democracy. All chapters are based on up-to-date research findings, succinct assessment of the current state of affairs and ongoing debates. They conclude with policy recommendations for policy makers on European and national levels. ‘This volume has a solid foundation in the highly topical question of technological change. More importantly, the individual chapters are written by qualified scholars whose analytically advanced contributions are likely to interest a wide audience. I can strongly recommend this book for scholars and students in political science, law, and economics.’ —Carl Fredrik Bergström, Professor of European Law, Uppsala University, Sweden ‘When the Commission took office in 2019, it put forward its vision as to how Europe’s digital future could be ‘shaped’ in a way that makes the digital transition enrich people’s lives and make sure that European businesses fully benefit from the opportunities offered by digital technologies. Then COVID drastically accelerated the take up of digital solutions. As the digital transformation affects every single one of us it is important that we have the widest possible debate on its inherent risks and opportunities. This is why I warmly recommend this book. It brings together an inter-disciplinary set of scholars able to analyse the multifaceted implications of the technological shift. And I could not agree more with the book’s main takeaway, i.e. that we need to create an adaptive regulatory framework capable of harnessing the positive effects of technological changes while buttressing the negative impact on European society and citizens.’ —Ambassador Kim Jørgensen, Head of Cabinet to Commissioner and Executive Vice-President Margrethe Vestager, European Commission
Regulation of Information Technology in the European Union by Terry Broderick Pdf
Information technology is continuing to transform global communications and the world economy with innovative products and services. In this dynamic environment, events tend to be market-driven and it may be difficult for the regulators to keep up. At the same time, there is a need for public authorities to promote effective competition within a clear, coherent, and predictable framework. This useful reference work summarizes the major rules and policies for information technology at the European level. It describes the institutional framework and general policies for the `information society', examines the detailed rules for external trade, competition and intellectual property, and discusses the Internet and electronic commerce. It provides an excellent overview of the subject as well as a good starting point for additional research on particular issues. This unique work will be of great value for practising lawyers, corporate counsel, business executives, consultants, academics, and government or trade association officials.
'Maria Lee's work is a successful attempt to illustrate the "big legal issues" behind the regulation of genetically modified organisms (GMOs). This study, which is thorough and well documented, is particularly welcomed in view of the need for a dialogue between different legal specialisms for which GMOs are a relevant area of research. . . [The] book provides a very interesting and insightful examination of the legal problems raised by GMOs. I would warmly recommend its reading to academics and practitioners who are interested in European risk regulation law, environmental law, biotechnology and trade law.' - Sara Poli, European Law Review
