Emerald de Leeuw - Profile on Academia.edu (original) (raw)

Papers by Emerald de Leeuw

Research paper thumbnail of To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry

To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry

Research paper thumbnail of Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

SSRN Electronic Journal, 2000

Research paper thumbnail of Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

SSRN Electronic Journal, 2000

Research paper thumbnail of The Right to Development: A Binding Source of International Law or a Needless, Non-Enforceable, Right to Everything?

The Right to Development: A Binding Source of International Law or a Needless, Non-Enforceable, Right to Everything?

SSRN Electronic Journal, 2000

Research paper thumbnail of The Hyperthymesic Dilemma: A Right to be Forgotten in a Society that Cannot Forget

After a lot of internal debate I decided to publish my first Master thesis on the Right to be For... more After a lot of internal debate I decided to publish my first Master thesis on the Right to be Forgotten written during 2012 shortly after the Draft Data Protection Regulation was first published. It was written to complete the Masters in E-Law & IP at University College cork and was supervised by professor Maeve McDonagh.

Article 17 of the proposed Data Protection Regulation codifies the Right to Be Forgotten and erasure (RTBF) which aims to give subjects more control over their personal data thereby increasing the level of transparency and trust in the digital economy. The RTBF has become one of the most controversial elements of the proposed reform. This thesis provides the reader with a comprehensive analysis of Article 17 DPR and the role forgetfulness has and should have in the digital age.

In particular whether such a right is practical and enforceable and the role of forgetfulness in a social, psychological and political context.

Research question:

The research conducted for this thesis is based on the following question:
What are the implications of implementing the Right to Be Forgotten and Erasure, as it is codified in Article 17 of the proposed Data Protection Regulation, for data controllers, data processors and data subjects and is it currently practically and technically possible to adopt such a right?

Research paper thumbnail of To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry.

Emerald de Leeuw -Brennan, LL.B. LL.M. -www.cloudgirl.eu 1

Research paper thumbnail of Keeping Up with the Clouds - Revealing the Discrepancy between the Realities of Cloud Technology and European Data Protection Law

Data protection concerns have been identified as one of the most serious barriers for the deploym... more Data protection concerns have been identified as one of the most serious barriers for the deployment and development of cloud computing. 1 There is a general lack of regulation and policy on a European (EU) level. The Data Protection Directive (DPD) is currently under revision and will be replaced with a regulation in the near future.

Research paper thumbnail of The Creative Commons License: Is Validity Enough? A Review of Liability and Enforceability in Creative Commons Licensing

A considerable amount of literature has been published on Creative Commons (CC) licensing. There ... more A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This article, on the other hand, aims to provide a thorough and critical analysis of two particular problems. The first is the lack of safeguards for the Licensee in the CC licences. The second is the fact that the terms of the CC licences are not always recognised by the national courts and this can lead to complications regarding the enforceability of the licence. This article will conclude with a view on where CC now stands and whether the goals that the CC movement set itself ten years ago have been achieved.

Research paper thumbnail of To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry

To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry

Research paper thumbnail of Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

SSRN Electronic Journal, 2000

Research paper thumbnail of Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

Mere Compliance and Misleading Omissions: The True Scope of Paypal's 'From Click to Doorbell' Consumer Protection Policy

SSRN Electronic Journal, 2000

Research paper thumbnail of The Right to Development: A Binding Source of International Law or a Needless, Non-Enforceable, Right to Everything?

The Right to Development: A Binding Source of International Law or a Needless, Non-Enforceable, Right to Everything?

SSRN Electronic Journal, 2000

Research paper thumbnail of The Hyperthymesic Dilemma: A Right to be Forgotten in a Society that Cannot Forget

After a lot of internal debate I decided to publish my first Master thesis on the Right to be For... more After a lot of internal debate I decided to publish my first Master thesis on the Right to be Forgotten written during 2012 shortly after the Draft Data Protection Regulation was first published. It was written to complete the Masters in E-Law & IP at University College cork and was supervised by professor Maeve McDonagh.

Article 17 of the proposed Data Protection Regulation codifies the Right to Be Forgotten and erasure (RTBF) which aims to give subjects more control over their personal data thereby increasing the level of transparency and trust in the digital economy. The RTBF has become one of the most controversial elements of the proposed reform. This thesis provides the reader with a comprehensive analysis of Article 17 DPR and the role forgetfulness has and should have in the digital age.

In particular whether such a right is practical and enforceable and the role of forgetfulness in a social, psychological and political context.

Research question:

The research conducted for this thesis is based on the following question:
What are the implications of implementing the Right to Be Forgotten and Erasure, as it is codified in Article 17 of the proposed Data Protection Regulation, for data controllers, data processors and data subjects and is it currently practically and technically possible to adopt such a right?

Research paper thumbnail of To Scheme or to Stream? That is the Question. The Liability of Internet Service Providers (ISPs) in Ireland: A Review of the Legislation, Litigation and the Solutions Available to the Creative Industry.

Emerald de Leeuw -Brennan, LL.B. LL.M. -www.cloudgirl.eu 1

Research paper thumbnail of Keeping Up with the Clouds - Revealing the Discrepancy between the Realities of Cloud Technology and European Data Protection Law

Data protection concerns have been identified as one of the most serious barriers for the deploym... more Data protection concerns have been identified as one of the most serious barriers for the deployment and development of cloud computing. 1 There is a general lack of regulation and policy on a European (EU) level. The Data Protection Directive (DPD) is currently under revision and will be replaced with a regulation in the near future.

Research paper thumbnail of The Creative Commons License: Is Validity Enough? A Review of Liability and Enforceability in Creative Commons Licensing

A considerable amount of literature has been published on Creative Commons (CC) licensing. There ... more A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This article, on the other hand, aims to provide a thorough and critical analysis of two particular problems. The first is the lack of safeguards for the Licensee in the CC licences. The second is the fact that the terms of the CC licences are not always recognised by the national courts and this can lead to complications regarding the enforceability of the licence. This article will conclude with a view on where CC now stands and whether the goals that the CC movement set itself ten years ago have been achieved.