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Unfair Contract Terms in the Digital Age by Gardiner, Caterina Pdf
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
"Click to Consent": Boilerplates in the Digital Age by Darren Barnett Pdf
Did you read the small print when you signed for your latest mobile phone contract? No, I didn't think so. When you come to sign contracts of this sort, you soon realise that there is very little negotiation, and you know very little about the contents of the contract. This book explores the implications of standard form contracts, and how their current structure leaves consumers very much in the dark about the terms. This book also explores how the Internet has contributed to complicating these contentious issues, and what possible solutions could be implemented in order to protect consumer rights.
Updating the UN Guidelines for Consumer Protection for the Digital Age by Jeremy Malcolm Pdf
The United Nations Guidelines for Consumer Protection are an influential declaration of best practices in consumer protection law and policy. But as they were last amended in 1999, they are now overdue for an update - not least in areas where advances in technology have affected consumers, such as access to knowledge, Internet and telecommunications services, e-commerce, and digital products and services. Consumers International (CI), as the global campaigning voice for consumers, is well placed to make recommendations about what amendments should be made to address these new and emerging areas of consumer rights. This publication - which is a companion volume to a broader set of amendments developed by CI - explains our reasoning behind those proposed amendments that particularly affect consumers in the digital age. A focus of this volume - and of the Guidelines themselves - is on how effective consumer laws and policies can benefit consumers in developing and emerging economies. As such, in-depth analysis is provided of how the proposed amendments relate to consumers in India, Brazil and South Africa, either by reflecting existing best practices in those countries, or by shining light on problem areas that the proposed amendments could help address.
Challenges of Copyright in the Digital Age by Arpi Abovyan Pdf
The adaption of copyright law to the digital age is currently one of the EU’s main concerns regarding intellectual property. This thesis analyses whether European legislation in this field can be successfully implemented in the same way in countries with different levels of development. Taking the examples of Germany and Armenia will help to evaluate the problems of developed and transition countries concerning the challenges of copyright in the digital age. The comparison between these two countries shows that a one-size-fits-all-approach is not appropriate in the digital environment. The socio-economic situation and the legal environment of transition countries call for a different solution. In this respect the example of Armenia may be instructive for other transition countries as well, especially CIS countries. A recommendation for adopting a certain system for drafting European legislation in the future which will meet the needs of all countries, considering their social, economic and legal situation, has been developed in this thesis.
Commercial Communication in the Digital Age by Gabriele Siegert,M. Bjørn Rimscha,Stephanie Grubenmann Pdf
In today’s digital age, online and mobile advertising are of growing importance, with advertising no longer bound to the traditional media industry. Although the advertising industry still has broader access to the different measures and channels, users and consumers today have more possibilities to publish, get informed or communicate – to “co-create” –, and to reach a bigger audience. There is a good chance thus that users and consumers are better informed about the objectives and persuasive tricks of the advertising industry than ever before. At the same time, advertisers can inform about products and services without the limitations of time and place faced by traditional mass media. But will there really be a time when advertisers and consumers have equal power, or does tracking users online and offline lead to a situation where advertisers have more information about the consumers than ever before? The volume discusses these questions and related issues.
Human Rights in the Digital Age by Mathias Klang,Andrew Murray Pdf
The digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to bypass national limitations to rights. The defence of such rights is meanwhile under constant assault by the newfound ability of states to both suppress and control individual rights through the application of these same digital technologies. This book gathers together an international group of experts working within this rapidly developing area of law and technology and focuses their attantion on the specific interaction between human rights and digital technology. This is the first work to explore the challenges brought about by digital technology to fundamental freedoms such as privacy, freedom of expression, access, assembly and dignity. It is essential reading for anyone who fears digital technology will lead to the 'Big Brother' state.
The Future of the Commercial Contract in Scholarship and Law Reform by Maren Heidemann,Joseph Lee Pdf
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Consumer Protection in Asia by Geraint Howells,Hans-W Micklitz,Mateja Durovic,André Janssen Pdf
This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi Pdf
This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Contracting and Contract Law in the Age of Artificial Intelligence by Martin Ebers,Cristina Poncibò,Mimi Zou Pdf
This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.
This comprehensive book provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. This thoroughly revised second edition includes latest developments in the case law of the Court of Justice. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new directions in internet regulation resulting from the Commission’s 2015 strategy document.
Uniform Rules for European Contract Law? by Francisco de Elizalde Pdf
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
