Governing “European values” inside data flows: : interdisciplinary perspectives

Governing “European values” inside data flows: : interdisciplinary perspectives external link

Irion, K., Kolk, A., Buri, M. & Milan, S.

Internet Policy Review, vol. 10, num: 3, 2021

Abstract

This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.

Bibtex

Article{Irion2021e,
	title = {Governing “European values” inside data flows: : interdisciplinary perspectives},
	author = {Irion, K. and Kolk, A. and Buri, M. and Milan, S.},
	url = {https://policyreview.info/european-values},
	doi = {https://doi.org/10.14763/2021.3.1582},
	year = {1011},
	date = {2021-10-11},
	journal = {Internet Policy Review},
	volume = {10},
	number = {3},
	abstract = {This editorial introduces ten research articles, which form part of this special issue, exploring the governance of “European values” inside data flows. Protecting fundamental human rights and critical public interests that undergird European societies in a global digital ecosystem poses complex challenges, especially because the United States and China are leading in novel technologies. We envision a research agenda calling upon different disciplines to further identify and understand European values that can adequately perform under conditions of transnational data flows.},
	keywords = {Artificial intelligence, Data flows, Data governance, Digital connectivity, European Union, European values, Human rights, Internet governance, Personal data protection, Public policy, Societal values},
}

The EU Counterfeit & Piracy Watch List: political aims and legal challenges external link

Delinavelli, G.

Kluwer Copyright Blog, vol. 2019, 2019

Bibtex

The European Union General Data Protection Regulation: What It Is And What It Means external link

Hoofnagle, C.J., van der Sloot, B. & Zuiderveen Borgesius, F.

Information & Communications Technology Law, vol. 2019, 2019

Abstract

This article introduces U.S. lawyers and academics to the normative foundations, attributes, and strategic approach to regulating personal data advanced by the European Union’s General Data Protection Regulation (“GDPR”). We explain the genesis of the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR’s approach and provisions; and make predictions about the GDPR’s short and medium-term implications. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed and protective regulatory regime, which will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some information-intensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.

Bibtex

Article{Hoofnagle2018,
	title = {The European Union General Data Protection Regulation: What It Is And What It Means},
	author = {Hoofnagle, C.J. and van der Sloot, B. and Zuiderveen Borgesius, F.},
	url = {https://www.tandfonline.com/doi/full/10.1080/13600834.2019.1573501},
	year = {0212},
	date = {2019-02-12},
	journal = {Information & Communications Technology Law},
	volume = {2019},
	abstract = {This article introduces U.S. lawyers and academics to the normative foundations, attributes, and strategic approach to regulating personal data advanced by the European Union’s General Data Protection Regulation (“GDPR”). We explain the genesis of the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR’s approach and provisions; and make predictions about the GDPR’s short and medium-term implications. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed and protective regulatory regime, which will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some information-intensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.},
	keywords = {Consumer Privacy, Data protection, European Union, frontpage, General Data Protection Regulation, Privacy},
}

Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap external link

Angelopoulos, C. & Quintais, J.

Kluwer Copyright Blog, 2018

Bibtex

“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions external link

Zeybek, B.

Kluwer Copyright Blog, 2018

Abstract

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.

Bibtex

Article{Zeybek2018,
	title = {“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions},
	author = {Zeybek, B.},
	url = {http://copyrightblog.kluweriplaw.com/2018/02/12/reformist-departure-questions-referred-bundesgerichtshof-cjeu-reporting-current-events-quotation-exceptions/},
	year = {0213},
	date = {2018-02-13},
	journal = {Kluwer Copyright Blog},
	abstract = {The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.},
	keywords = {Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations},
}

Is Harmonization a Good Thing? The Case of the Copyright Acquis external link

Hugenholtz, P.

1117

Bibtex

Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade "Deals"? external link

Yakovleva, S.

World Trade Review, vol. 2018, pp: 477-508, 2017

Abstract

This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU's ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks. Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.

Bibtex

Article{Yakovleva2017b,
	title = {Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade "Deals"?},
	author = {Yakovleva, S.},
	url = {https://www.ivir.nl/publicaties/download/WTR_2018.pdf},
	doi = {https://doi.org/https://doi.org/10.1017/S1474745617000453},
	year = {1109},
	date = {2017-11-09},
	journal = {World Trade Review},
	volume = {2018},
	pages = {477-508},
	abstract = {This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU\'s ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, and the horizontal relationship between trade and human rights law – the author concludes that these limits are real and pose serious risks.
Inspired by recent developments in safeguarding labour, and environmental standards and sustainable development, the article argues that privacy and personal data protection should be part of, and protected by, international trade deals made by the EU. The EU should negotiate future international trade agreements with the objective of allowing them to reflect the normative foundations of privacy and personal data protection. This article suggests a specific way to achieve this objective.},
	keywords = {Data protection, European Union, frontpage, Fundamental rights, international trade, Privacy},
}

Collective management in the European Union external link

Guibault, L. & van Gompel, S.

Collective Management of Copyright and Related Rights, 2015, Wolters Kluwer, 0518, Edition: 3, pp: 139-174, ISBN: 9789041154415

Beyond the Cover Story – An Enquiry into the EU Competence to Introduce a Right for Publishers external link

Ramalho, A.

IIC (International Review of Intellectual Property and Competition Law), vol. 2017, pp: 71-91, 2017

Abstract

This paper examines the competence of the EU to introduce a neighbouring right for publishers (including a neighbouring right for press publishers, also called "ancillary copyright"). The assessment of competence is carried out following a step-by-step approach, which involves an analysis of the applicable Treaty norms and an assessment of subsidiarity and proportionality.

Bibtex

Cultural diversity in the digital age: EU competences, policies and regulations for diverse audiovisual and online content external link

Irion, K.

2014

Abstract

Cultural diversity is a multifaceted concept that differs from the notion of media pluralism. However, the two concepts share important concerns particularly as regards content production, content distribution and access to content. This chapter considers the EU’s role in contributing to diverse audiovisual and online content and assesses its limits.<br /> Although a signatory of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the ability of the EU to foster cultural diversity in the digital environment is confined on account of its constrained competences in the field of audiovisual media and online content. Notwithstanding, the EU develops a number of substantive policies that benefit the creation and circulation of cultural content either in an explicit or in an implicit manner. Following a value-chain approach, this chapter discusses the complementary role of various EU sectoral regulations towards this aim. The analysis focuses on the Audiovisual Media Services (AVMS) Directive (Directive 2007/65/EC – 2010/13/EU) and various aspects of the EU regulatory framework for electronic communications, particularly in relation to non-discriminatory access to bottlenecks in the distribution infrastructure and online platforms.<br /> The chapter advances the argument that existing EU policies have an important role to play for ensuring the free circulation of, and access to, cultural content. At the same time, aside from the cultural quotas in the above mentioned AVMS Directive, EU activity is less prominent in the field of content production. The analysis concludes by stressing the complexity of promoting cultural diversity in light of both cultural content supply and demand considerations. It also emphasises the importance of emerging policy issues, in particular net neutrality and findability.

Bibtex

Other{nokey,
	title = {Cultural diversity in the digital age: EU competences, policies and regulations for diverse audiovisual and online content},
	author = {Irion, K.},
	url = {http://www.ivir.nl/publicaties/download/1441.pdf},
	year = {1121},
	date = {2014-11-21},
	abstract = {Cultural diversity is a multifaceted concept that differs from the notion of media pluralism. However, the two concepts share important concerns particularly as regards content production, content distribution and access to content. This chapter considers the EU’s role in contributing to diverse audiovisual and online content and assesses its limits.<br />
	Although a signatory of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the ability of the EU to foster cultural diversity in the digital environment is confined on account of its constrained competences in the field of audiovisual media and online content. Notwithstanding, the EU develops a number of substantive policies that benefit the creation and circulation of cultural content either in an explicit or in an implicit manner. Following a value-chain approach, this chapter discusses the complementary role of various EU sectoral regulations towards this aim. The analysis focuses on the Audiovisual Media Services (AVMS) Directive (Directive 2007/65/EC – 2010/13/EU) and various aspects of the EU regulatory framework for electronic communications, particularly in relation to non-discriminatory access to bottlenecks in the distribution infrastructure and online platforms.<br />
	The chapter advances the argument that existing EU policies have an important role to play for ensuring the free circulation of, and access to, cultural content. At the same time, aside from the cultural quotas in the above mentioned AVMS Directive, EU activity is less prominent in the field of content production. The analysis concludes by stressing the complexity of promoting cultural diversity in light of both cultural content supply and demand considerations. It also emphasises the importance of emerging policy issues, in particular net neutrality and findability.},
	keywords = {audiovisual content, competences, cultural diversity, European Union, Mediarecht, online content},
}

Keyword: European Union