Download or read book Regulation of Cloud Services Under US and EU Antitrust Competition and Privacy Laws written by Sára Gabriella Hoffman and published by PL Academic Research. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy and Legal Issues in Cloud Computing written by Anne S. Y Cheung and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book EU Privacy and the Cloud written by Paul M. Schwartz and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cloud is a business sector in which U.S. companies lead the world in new products and services. The market for cloud computing is already a multibillion-dollar international market. Forrester Research Inc. has predicted a growth in the size of this market from $40.7 billion in 2011 to more than $241 billion in 2020. Due to the international dimensions of cloud computing, regulations outside of the United States are now as important as those inside it. The European Union is the most important bilateral trade area for the United States, and its proposed data protection regulation is of profound significance for U.S. companies that offer cloud services. As the European Commission notes, concerns about data protection constitute "one of the most serious barriers to cloud computing take-up." It calls for "a chain of confidence-building steps to create trust in cloud solutions." One of the most important of these steps is the Proposed Data Protection Regulation. U.S. cloud services should take particular note of two areas of the Proposed Regulation. The first concerns its limitations on the use of an individual's consent to permit data processing. The second is how it crafts a broad jurisdictional reach for EU information privacy law. This Essay argues that the Proposed Data Protection Regulation drastically narrows the conditions for reliance on the use of "consent" mechanisms as a justification for data processing. The Proposed Regulation also extends EU privacy jurisdiction beyond the existing framework. This Essay analyzes the resulting strict "fair information practices" regarding consent in EU information privacy law. It also proposes adjustments to the proposed jurisdictional approach for EU privacy law.
Download or read book Why the Right to Data Portability Likely Reduces Consumer Welfare written by Peter Swire and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its draft Data Protection Regulation, the European Union has announced a major new economic and human right - the right to data portability ('RDP'). The basic idea of the RDP is that an individual would be able to transfer his or her material from one information service to another, without hindrance. For instance, consumers would have a legal right to get an immediate and full download of their data held by a social network such as Facebook, a cloud provider, or a smartphone app. Although the idea of data portability is appealing, the RDP as defined in Article 18 of the draft Regulation is unprecedented and problematic. Part I explains Article 18, whose text appears to require software and online service providers to create what we call an 'Export-Import Module,' or software code that exports data seamlessly from the first service to the second service. The requirements would apply globally, for any entity that sells to an E.U. resident. Part II critiques the RDP in light of the teachings of E.U. competition and U.S. antitrust law. Competition law has long addressed the problems of lock-in and high switching costs that form a chief justification for the RDP. The RDP, however, applies to small enterprises, where there is essentially no risk of lock-in. In contrast to competition law, the RDP applies to all online services even where there is no market power and no barrier to entry. Article 18 more generally is in conflict with the rules in competition law about exclusionary conduct - it creates a per se prohibition where competition law would apply a rule of reason approach. Competition law would consider the many efficiencies that result from a service provider deciding which functions and formats to include in its products, which undergo rapid innovation. Part III shows that Article 18 also suffers serious difficulties as a matter of privacy or data protection law. Proponents have claimed the RDP is a new fundamental human right, aiding the individual's autonomy for online activities. No jurisdiction has experimented with anything resembling the proposed Article 18, however, casting serious doubt on its status as a new human right. Among other difficulties, Article 18 poses serious risks to a long-established E.U. fundamental right of data protection, the right to security of a person's data. Previous access requests by individuals were limited in scope and format. By contrast, when an individual's lifetime of data must be exported 'without hindrance,' then one moment of identity fraud can turn into a lifetime breach of personal data. Part IV shows that Article 18 goes far beyond previous legal rules that specifically address interoperability. In conclusion, the novel RDP is justified by the supposed benefits to consumers. As drafted, however, the RDP likely reduces consumer welfare, as articulated after long experience in competition law. It also creates risks to privacy that are not addressed in the current text. The RDP deserves far more scrutiny before becoming a mandate that applies globally to software and online services.
Download or read book Data Localization Laws and Policy written by W. Kuan Hon and published by Edward Elgar Publishing. This book was released on 2017 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Competition Data and Privacy in the Digital Economy written by Maria Wasastjerna and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.
Download or read book Regulating the Cloud written by Christopher S. Yoo and published by MIT Press. This book was released on 2015-08-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of the cloud as infrastructure: experts from a range of disciplines consider policy issues including reliability, privacy, consumer protection, national security, and copyright. The emergence of cloud computing marks the moment when computing has become, materially and symbolically, infrastructure—a sociotechnical system that is ubiquitous, essential, and foundational. Increasingly integral to the operation of other critical infrastructures, such as transportation, energy, and finance, it functions, in effect, as a meta-infrastructure. As such, the cloud raises a variety of policy and governance issues, among them market regulation, fairness, access, reliability, privacy, national security, and copyright. In this book, experts from a range of disciplines offer their perspectives on these and other concerns. The contributors consider such topics as the economic implications of the cloud's shifting of computing resources from ownership to rental; the capacity of regulation to promote reliability while preserving innovation; the applicability of contract theory to enforce service guarantees; the differing approaches to privacy taken by United States and the European Union in the post-Snowden era; the delocalization or geographic dispersal of the archive; and the cloud-based virtual representations of our body in electronic health data. Contributors Nicholas Bauch, Jean-François Blanchette, Marjory Blumenthal, Sandra Braman, Jonathan Cave, Lothar Determann, Luciana Duranti, Svitlana Kobzar, William Lehr, David Nimmer, Andrea Renda, Neil Robinson, Helen Rebecca Schindler, Joe Weinman, Christopher S. Yoo
Download or read book Us and Eu Cloud Computing Policy and Acceptance for Regulated Entities written by Darral Addison and published by Validated Quality Systems. This book was released on 2017 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal government is not in the business of developing new technologies, but they are in the business of facilitating them. If you are planning to develop computer-based products and services for regulated industries or would like to gain a better grasp on how IT policies are promulgated, then I strongly suggest you read this book. This book will make plain which government agencies help promulgate policies that aid in the acceptance of Cloud and Computerized systems. This book will help you understand how Cloud computing technology, design, and architecture are facilitated and protected by laws, regulations, and funding priorities. In the United States, the integrity, privacy, and security of medical and health records is a prime directive. In the European Community, personal privacy and data security are major factors that encourage the acceptance of cloud computing. Paying close attention to the spirit of the regulations, policies, codes, rules, and standards is key towards succeeding in the industry. Even though policies, guidance, and interpretations from various agencies may echo similar definitions, it is important to understand those small distinctions governing each complementary framework. This book unveils the stakeholders and policy shakers who provide funding and drive public policy towards the acceptance of cloud and computer networks. Regulatory Agencies have developed a set of expectations for companies who develop and operate computer systems in regulated spaces. Understanding how these policies are promulgated help will uncover the IT requirements that drive industry activities.
Download or read book Communications and Competition Law written by Fabrizio Cugia di Sant'Orsola and published by . This book was released on 2014-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing Diversity in EU Merger Control /Yvan Desmedt & Philippe Laconte --Summary of Recent U.S. Enforcement Decisions in Communication/Entertainment Industry Transactions /Ilene Knable Gotts --Competition and Regulatory Aspects of Convergence, Takeovers and Mergers in the Communications and Media Industries /Thomas Janssens & Joep Wolfhagen --Brazil's Antitrust and Regulatory Reviews of TIM/Telefónica: Lessons Learned /Ana Paula Martinez & Alexandre Ditzel Faraco --Changes in the Global Telecommunication Market and Its Implications in Brazil /Gesner Oliveira & Wagner Heibel --Mergers in the Canadian Communications Sector: An Increasingly Curious Situation /Lorne Salzman --In Search of a Competition Doctrine for Information Technology Markets: Recent Antitrust Developments in the Online Sector /Jeffrey A. Eisenach & Ilene Knable Gotts --The Internet of Things in the Light of Digitalization and Increased Media Convergence /Anna Blume Huttenlauch & Thoralf Knuth --Dynamic Markets and Competition Policy /Bernardo Macedo & Sílvia Fagá de Almeida --Recent Antitrust Developments in the Online Sector/ Federico Marini-Balestra --Mobile Payments and Mobile Banking in Brazil: Perspectives from an Emerging Market /Márcio Issao Nakane, Camila Yumy Saito & Mariana Oliveira e Silva --Internet of Things: Manufacturing Companies Industry and Use of 'White Spectrum': Ghost in the Machine? /Kurt Tiam & Andy Huang --Competitive Aspects of Cloud-Based Services /Fabrizio Cugia di Sant'Orsola & Silvia Giampaolo --Standard-Essential Patents and US Antitrust Law: Light at the End of the Tunnel? /Leon B. Greenfield, Hartmut Schneider & Perry A. Lange --IP and Antitrust: Recent Developments in EU Law /Miguel Rato & Mark English --Antitrust Cases Involving Intellectual Property Rights in the Communication and Media Sector in Brazil /Barbara Rosenberg, Luis Bernardo Cascão & Vivian Terng --Patents Meet Antitrust Law: The State of Play of the FRAND Defense in Germany /Wolrad Prinz zu Waldeck und Pyrmont --The Role of Privacy in a Changing World /Chris Boam --The Transatlantic Perspective: Data Protection and Competition Law /Pamela Jones Harbour --Power over Data: Brazil in Times of Digital Uncertainty /Floriano de Azevedo Marques Neto, Milene Louise Renée Coscione & Juliana Deguirmendjian --Big Data and the Cloud: Privacy and Security Threats of Mass Digital Surveillance? /Lyda Mastrantonio & Natalia Porto --Net Neutrality Regulation: A Worldwide Overview and the Chilean Pioneer's Experience /Alfonso Silva & Sebastian Squella --Net Neutrality in Singapore: A Fair Game /Chung Nian Lam --Internet Regulation in Brazil: The Network Neutrality Issue /Lauro Celidonio Gomes dos Reis Neto, Fabio Ferreira Kujawski & Thays Castaldi Gentil --The New Brazilian Internet Constitution and the Netmundial Forum /João Moura --The Brazilian Telecom Regulatory Scenario and the Proposals of the Internet Law /Regina Ribeiro do Valle --Competition in the Brazilian Telecommunication Market /rMaximiliano Martinhão, Guido Lorencini Schuina, Haitam Laboissiere Naser & Leonardo Fernandez Zago --A New Horizon for Competition Advocacy in Brazil /Adriano Augusto do Couto Costa, Marcelo de Matos Ramos & Roberto Domingos Taufick --Overlaps and Synergies between Regulators in the Brazilian Telecommunications Market /Marcelo Bechara de Souza Hobaika & Carlos M. Baigorri --The New Competition Law in Brazil and the New Framework for Merger Analysis in Telecom /Carlos Emmanuel Joppert Ragazzo & Cristiane Landerdahl de Albuquerque --Chapter 31: Regulatory Policy Round Table: A Dialogue between Telecommunications and Antitrust Authorities /Denis Alves Guimarães.
Download or read book Regulating New Technologies in Uncertain Times written by Leonie Reins and published by Springer. This book was released on 2019-03-21 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Big Data and Competition Law written by Alptekin Koksal and published by Taylor & Francis. This book was released on 2023-11-13 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Data Privacy and Trust in Cloud Computing written by Theo Lynn and published by Springer Nature. This book was released on 2020-10-13 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book brings together perspectives from multiple disciplines including psychology, law, IS, and computer science on data privacy and trust in the cloud. Cloud technology has fueled rapid, dramatic technological change, enabling a level of connectivity that has never been seen before in human history. However, this brave new world comes with problems. Several high-profile cases over the last few years have demonstrated cloud computing's uneasy relationship with data security and trust. This volume explores the numerous technological, process and regulatory solutions presented in academic literature as mechanisms for building trust in the cloud, including GDPR in Europe. The massive acceleration of digital adoption resulting from the COVID-19 pandemic is introducing new and significant security and privacy threats and concerns. Against this backdrop, this book provides a timely reference and organising framework for considering how we will assure privacy and build trust in such a hyper-connected digitally dependent world. This book presents a framework for assurance and accountability in the cloud and reviews the literature on trust, data privacy and protection, and ethics in cloud computing.
Download or read book Maritime Organisation Management and Liability written by Stephen Girvin and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Informational Self Determination in Cloud Computing Data Transmission and Privacy with Subcontractors written by Jutta Grosse Wichtrup and published by GRIN Verlag. This book was released on 2015-10-27 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 95,5, Centre International de Formation Européenne - Nice (CIFE European Online Academy), course: European Law - Informational Self Determination in Cloud Computing -- Data Transmission and Privacy with Subcontractors, language: English, abstract: The paper analyses the constraints of the current European directive on data protection regarding the free and active exercise of the right to informational self-determination in cloud computing with subcontractor chains. The analysis focuses in particular on the personal and geographical scope of the protection of personal data, on the legitimation of data processing under the aspect of data transmission into secure and unsecure third countries with subcontractor involvement. Herein it will be critically analysed whether the options under which it is possible to process personal data, will deliver sufficient privacy security in cloud computing. Furthermore, the paper examines the effectiveness and the consequences of possible legitimation of processing personal data in cloud computing. Also, will be regarded the legitimation options to include subcontractors in complex cloud computing landscapes in secure and unsecure third countries. The data subject and the cloud user position and chances to execute their rights of informational self-determination in distributed cloud computing landscapes will be critical looked at. Based on the multiple challenges that the personal data faces in complex cloud computing landscapes, various improvement potentials addressed to different actors emphasis the necessity to reduce the risk to the data subject ́s informational self-determination in cloud computing. Finally, the recent regulation on general data protection that was published by the Council on 11th June 2015 will be cross-checked against the identified gaps of the currently existing data protection directive, with an emphasis on the requirements to achieve informational self-determination.
Download or read book Competition and Regulation of Cloud Computing Services written by Antonio Manganelli and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cloud infrastructures and services have become key building blocks of the digital society. As more businesses and organizations migrate their infrastructure and services to the cloud, the cloud industry is rapidly growing and has by now become a key enabler of digital businesses and a vital infrastructure for the economy as a whole. At the same time, the digital technologies that enable cloud infrastructures and services are constantly evolving, thus facilitating the development of new cloud services, most notably in the areas of artificial intelligence and the Internet of Things. Given its strategic and economic importance, the European Union (EU) and Member States are increasingly intervening in the cloud sector. When presenting the Political Guidelines of the incoming European Commission in 2019, President Ursula von der Leyen referenced the cloud as a cornerstone of a European digital infrastructure fit for the future. Following its European strategy for data, the Commission has proposed a myriad of policy initiatives on cloud computing. Several of these initiatives have recently been adopted as regulations, most notably the Data Act (DA) and Digital Markets Act (DMA), while other cloud initiatives and issues continue to be debated.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book US and EU Cloud Computing Policy and Acceptance written by darral addison and published by . This book was released on 2016-12-15 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal government is not in the business of developing new technologies, but they are in the business of facilitating them. If you are planning to develop, computer-based products and services for healthcare related industries or would like to gain a better grasp on how policies are formulated for the computer sector; then I strongly suggest you read this book. This book will make plain which governments agencies help promulgate policies to aid in the acceptance of Cloud and computerized systems. It will help you understand how Cloud Computing technology, design, and architecture are facilitated and protected by laws, regulations, and funding priorities. In the United States, the integrity, privacy, and security of medical and health records is a prime directive. In the European Community, personal privacy and data security are major factors that encourage the acceptance of cloud computing. Paying close attention to the spirit of the regulations, policies codes, rules, and standards is key towards succeeding in the industry. Even though policies, guidance's, and interpretations from various agencies, may echo similar definitions, it is important to understand those small distinctions governing each complementary framework. This book unveils the stakeholders and policy shakers who provide funding and drive public policy towards the acceptance of Cloud and computer networks. Agencies have developed a set of expectations for companies who develop and operate computer systems in regulated spaces. If you follow the rules, you will win the game.
