Keyword: frontpage

The perfect match? A closer look at the relationship between EU consumer law and data protection law external link

Helberger, N., Zuiderveen Borgesius, F. & Reyna, A.
Common Market Law Review, vol. 2017, num: 5, pp: 1427-1466, 2017

Abstract

In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.

Consumentenrecht, Consumer law, Data protection law, EU, frontpage, gegevensbescherming, Privacy

Bibtex

Article{Helberger2017b, title = {The perfect match? A closer look at the relationship between EU consumer law and data protection law}, author = {Helberger, N. and Zuiderveen Borgesius, F. and Reyna, A.}, url = {https://www.ivir.nl/publicaties/download/CMLR_2017_5.pdf}, year = {1006}, date = {2017-10-06}, journal = {Common Market Law Review}, volume = {2017}, number = {5}, pages = {1427-1466}, abstract = {In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.}, keywords = {Consumentenrecht, Consumer law, Data protection law, EU, frontpage, gegevensbescherming, Privacy}, }

Literature review on the use of licensing in library context, and the limitations this creates to access to knowledge external link

Yakovleva, S.
vol. 2017, 2017

Abstract

The dual purpose of this literature review is, first, to identify and summarise limitations that result from the use of copyright licences in a library context, and, second, to illustrate these limitations with specific examples available in both the academic and grey literature. The licences discussed in the reviewed literature deal essentially with access to, and use of, digital content.

access to knowledge, Copyright, frontpage, libraries, Licensing

Bibtex

Article{Yakovleva2017, title = {Literature review on the use of licensing in library context, and the limitations this creates to access to knowledge}, author = {Yakovleva, S.}, url = {https://www.ivir.nl/publicaties/download/limits_of_licensing_literature_review.pdf}, year = {1006}, date = {2017-10-06}, volume = {2017}, pages = {}, abstract = {The dual purpose of this literature review is, first, to identify and summarise limitations that result from the use of copyright licences in a library context, and, second, to illustrate these limitations with specific examples available in both the academic and grey literature. The licences discussed in the reviewed literature deal essentially with access to, and use of, digital content.}, keywords = {access to knowledge, Copyright, frontpage, libraries, Licensing}, }

A Roadmap to Enhancing User Control via Privacy Dashboards external link

Irion, K., Yakovleva, S., van Hoboken, J. & Thompson, M.
2017

Abstract

This report presents and draws on multidisciplinary insights into what characterises effective user control over the collection and use of personal data. User controls arise from the interplay of a number of conditions. These are partly technical but also connected to different aspects of user behaviour, the intricacies of design, as well as the internal and external incentives in privacy governance that exist today. Our review of the state of research underscores that devising effective user controls require close collaboration between different disciplines, clear regulatory guidance and scientifically-backed assessments.

frontpage, Privacy

Bibtex

Report{Irion2017b, title = {A Roadmap to Enhancing User Control via Privacy Dashboards}, author = {Irion, K. and Yakovleva, S. and van Hoboken, J. and Thompson, M.}, url = {https://www.ivir.nl/publicaties/download/PrivacyBridgesUserControls2017.pdf}, year = {0926}, date = {2017-09-26}, abstract = {This report presents and draws on multidisciplinary insights into what characterises effective user control over the collection and use of personal data. User controls arise from the interplay of a number of conditions. These are partly technical but also connected to different aspects of user behaviour, the intricacies of design, as well as the internal and external incentives in privacy governance that exist today. Our review of the state of research underscores that devising effective user controls require close collaboration between different disciplines, clear regulatory guidance and scientifically-backed assessments.}, keywords = {frontpage, Privacy}, }

Estimating displacement rates of copyrighted content in the EU external link

Ende, M. van der, Poort, J., Haffner, R., Bas, P. de, Yagafarova, A., Rohlfs, S. & Til, H. van
2017

Abstract

The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content. This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.

Auteursrecht, Copyright, copyright policy, frontpage, online content, Online copright enforcement, online infringement, Online media

Bibtex

Report{Ecorys&Poort-Displacement, title = {Estimating displacement rates of copyrighted content in the EU}, author = {Ende, M. van der and Poort, J. and Haffner, R. and Bas, P. de and Yagafarova, A. and Rohlfs, S. and Til, H. van}, url = {https://www.ivir.nl/publicaties/download/2015-Estimating-displacement-rates-of-copyrighted-content-in-the-EU-2.pdf}, doi = {https://doi.org/10.2780/26736}, year = {0922}, date = {2017-09-22}, abstract = {The extent to which digital consumption of pirated materials displaces legitimate purchases is of fundamental importance for EU copyright policy design. The European Commission has commissioned Ecorys to carry out a study on the relation between online copyright infringement (digital piracy) and sales of copyrighted content. This study adds to the existing literature in at least three ways. Firstly, it compares piracy rates in multiple EU Member States calculated according to the same methodology. This makes it possible to compare results between countries. Secondly, displacement rates are estimated in the presence of an important recent phenomenon, i.e. the widespread availability of a wide variety of services for downloading or streaming content. Thirdly, the study includes minors to assess the extent of piracy among this group.}, keywords = {Auteursrecht, Copyright, copyright policy, frontpage, online content, Online copright enforcement, online infringement, Online media}, }

The freely given consent and the "bundling" provision under the GDPR external link

Kostić, B. & Vargas Penagos, E.
Computerrecht, vol. 2017, num: 4, pp: 217-222, 2017

Abstract

Under European data protection law, consent of the data subject is one of the six grounds for lawful processing of personal data. It is such an important ground that lawmakers considered it necessary to provide a legal definition of consent. One of the conditions under this definition is that it needs to be “freely given.” The General Data Protection Regulation (GDPR) 3 has further expanded on this concept in Article 7(4). It refers to a situation under which consent might not be considered “freely given.” If consent is invalid because it is not freely given, the processing is usually unlawful. Consequently, a legal basis for processing is missing. Therefore, this is an important provision. Yet the wording of this new provision is vague and its scope is unclear. Thus, the question arises as to how Article 7(4) should be applied. In this paper, the authors tease out the assessment criteria for the application of this provision on the basis of its text, structure and history. These criteria will then be applied to hypothetical cases in the final section.

bundling, consent, frontpage, General Data Protection Regulation, Privacy

Bibtex

Article{Kostić2017, title = {The freely given consent and the "bundling" provision under the GDPR}, author = {Kostić, B. and Vargas Penagos, E.}, url = {https://www.ivir.nl/publicaties/download/Computerrecht_2017_4.pdf}, year = {0915}, date = {2017-09-15}, journal = {Computerrecht}, volume = {2017}, number = {4}, pages = {217-222}, abstract = {Under European data protection law, consent of the data subject is one of the six grounds for lawful processing of personal data. It is such an important ground that lawmakers considered it necessary to provide a legal definition of consent. One of the conditions under this definition is that it needs to be “freely given.” The General Data Protection Regulation (GDPR) 3 has further expanded on this concept in Article 7(4). It refers to a situation under which consent might not be considered “freely given.” If consent is invalid because it is not freely given, the processing is usually unlawful. Consequently, a legal basis for processing is missing. Therefore, this is an important provision. Yet the wording of this new provision is vague and its scope is unclear. Thus, the question arises as to how Article 7(4) should be applied. In this paper, the authors tease out the assessment criteria for the application of this provision on the basis of its text, structure and history. These criteria will then be applied to hypothetical cases in the final section.}, keywords = {bundling, consent, frontpage, General Data Protection Regulation, Privacy}, }

Media coverage of elections: the legal framework in Europe external link

Fahy, R., Apa, E., Bassini, M., Bruna, A., Cabrera Blázquez, F., Cunningham, I., Etteldorf, C., Goldberg, D., Granchet, A., Klimkiewicz, B., Richter, A. & Rozendaal, M.
2017

elections, europe, european audiovisual observatory, frontpage, iris special, medialaw

Bibtex

Report{Fahy2017b, title = {Media coverage of elections: the legal framework in Europe}, author = {Fahy, R. and Apa, E. and Bassini, M. and Bruna, A. and Cabrera Blázquez, F. and Cunningham, I. and Etteldorf, C. and Goldberg, D. and Granchet, A. and Klimkiewicz, B. and Richter, A. and Rozendaal, M.}, url = {https://www.ivir.nl/publicaties/download/IRIS_Special_2017_1.pdf}, year = {0914}, date = {2017-09-14}, keywords = {elections, europe, european audiovisual observatory, frontpage, iris special, medialaw}, }

Standards for Independent Oversight: The European Perspective external link

van Eijk, N.
Bulk Collection: Systematic Government Access to Private-Sector Data, 0914, pp: 381-393

Abstract

There are many ways to approach the question of government access to private-sector data. Much of the recent public debate has focused on access in the context of national security and traditional law enforcement, with respect to both targeted and untargeted access to data collected and processed by third parties. As more and more data is collected and stored by the private sector (“big data”), the amount of data that can be retrieved by governments is steadily increasing. A new “third domain” has emerged, where data is used for social security and tax surveillance and other types of non- traditional law enforcement. The Digital Rights Ireland case is the point of departure of this chapter. Next, two recent judgments by national courts are described, in which national data retention rules were tested against the ruling in the Digital Rights Ireland case and the necessity of independent oversight was discussed in further detail. This chapter draws from a recent study by the Institute for Information Law (IViR) to formulate standards for independent oversight. These standards are based on a broader analysis of the relevant jurisprudence of the European Court of Justice— including the Digital Rights Ireland case— and of the European Court of Human Rights (ECtHR). The analysis is also based on selected studies, reports, resolutions, and recommendations.

frontpage, onafhankelijkheid, Overheidsinformatie, standaardisering, veiligheidsdiensten

Bibtex

Chapter{vanEijk2017b, title = {Standards for Independent Oversight: The European Perspective}, author = {van Eijk, N.}, url = {https://www.ivir.nl/publicaties/download/Standards_for_Independent_Oversight.pdf}, year = {0914}, date = {2017-09-14}, abstract = {There are many ways to approach the question of government access to private-sector data. Much of the recent public debate has focused on access in the context of national security and traditional law enforcement, with respect to both targeted and untargeted access to data collected and processed by third parties. As more and more data is collected and stored by the private sector (“big data”), the amount of data that can be retrieved by governments is steadily increasing. A new “third domain” has emerged, where data is used for social security and tax surveillance and other types of non- traditional law enforcement. The Digital Rights Ireland case is the point of departure of this chapter. Next, two recent judgments by national courts are described, in which national data retention rules were tested against the ruling in the Digital Rights Ireland case and the necessity of independent oversight was discussed in further detail. This chapter draws from a recent study by the Institute for Information Law (IViR) to formulate standards for independent oversight. These standards are based on a broader analysis of the relevant jurisprudence of the European Court of Justice— including the Digital Rights Ireland case— and of the European Court of Human Rights (ECtHR). The analysis is also based on selected studies, reports, resolutions, and recommendations.}, keywords = {frontpage, onafhankelijkheid, Overheidsinformatie, standaardisering, veiligheidsdiensten}, }

Digitale anonimiteit is ook bij gebruik van de bitcoin een gevaarlijke illusie: Subtielere consequentie van cryptogeld is versterking machtsconcentratie internetgiganten external link

Arnbak, A.
Het Financieele Dagblad, vol. 2017, pp: 11, 2017

anonimiteit, bitcoin, cryptogeld, digitalisering, frontpage, Internet, machtsconcentraties

Bibtex

Article{Arnbak2017b, title = {Digitale anonimiteit is ook bij gebruik van de bitcoin een gevaarlijke illusie: Subtielere consequentie van cryptogeld is versterking machtsconcentratie internetgiganten}, author = {Arnbak, A.}, url = {https://www.ivir.nl/publicaties/download/FD_07sep2017.pdf}, year = {0907}, date = {2017-09-07}, journal = {Het Financieele Dagblad}, volume = {2017}, pages = {11}, keywords = {anonimiteit, bitcoin, cryptogeld, digitalisering, frontpage, Internet, machtsconcentraties}, }

Kroniek Telecommunicatierecht external link

van Eijk, N. & van Eijk, N.
KwartaalSignaal Ars Aequi, vol. 2017, num: 144, pp: 8429-8430, 2017

frontpage, kroniek, Telecommunicatierecht

Bibtex

Article{vanEijk2017b, title = {Kroniek Telecommunicatierecht}, author = {van Eijk, N.}, url = {https://www.ivir.nl/publicaties/download/AA_144-1.pdf}, year = {0908}, date = {2017-09-08}, journal = {KwartaalSignaal Ars Aequi}, volume = {2017}, number = {144}, pages = {8429-8430}, keywords = {frontpage, kroniek, Telecommunicatierecht}, }

The Chilling Effect of Liability for Online Reader Comments external link

Fahy, R.
European Human Rights Law Review, vol. 2017, num: 4, pp: 387-393, 2017

Abstract

This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of freedom of expression law where a similar chilling effect may also arise.

chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments

Bibtex

Article{Fahy2017b, title = {The Chilling Effect of Liability for Online Reader Comments}, author = {Fahy, R.}, url = {https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf}, year = {0824}, date = {2017-08-24}, journal = {European Human Rights Law Review}, volume = {2017}, number = {4}, pages = {387-393}, abstract = {This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of freedom of expression law where a similar chilling effect may also arise.}, keywords = {chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments}, }