Public e-procurement as a key-impact factor in the UE welfare context-The Italian public e-markets: Research findings and E-solutions analysis (original) (raw)
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The European Union general data protection regulation: what it is and what it means
Information & Communications Technology Law, 2019
This paper introduces the strategic approach to regulating personal data and the normative foundations of 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 implications. We also highlight where the GDPR takes a different approach than U.S. privacy law. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed regulatory regime, that 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 informationintensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.
European privacy legislation: a legal and economic analysis
2020
As of July 2020, the General Data Protection Regulation 2016/679 (GDPR) has been in force for more than two years. Together with the e-Privacy Directive 2002/58/EC, it applies to millions of European businesses across all sectors. Both pieces of legislation have been challenging to implement for industry stakeholders; A review of their reports serves as the basis of a qualitative legal analysis of the GDPR, the E-Privacy Directive and the draft of the coming E-Privacy Regulation that seeks to identify which provisions have turned out to be most difficult for European Businesses to implement. This legal dissection will be accompanied by a quantitative assessment of the administrative fines that have been issued by data protection authorities throughout the Union. The aim is to locate problems within the legislature and to provide recommendations for how to solve them.
The article focuses on the social aspects of the GDPR implementation. Paper presents the results of a study conducted in 2018, after the introduction of legislative changes. The study was exploratory and its aim was to find out how administrative employees evaluated and feels about GDPR. The survey was conducted as an online survey questionnaire. The article presents the results of the study, initial conclusions after its implementation, and a proposal for further research.
Privacy and Data Protection in EU
As far as the technology has become more user friendly, individuals exchange more data between themselves using technological tools. The communication between individuals has become faster and more intense. In parallel to these developments, the norms and values of the societies, thus of the individuals have changed and the meaning of data privacy has being re-interpreted in today’s world. Each development in the technology fuels another one. In parallel to that, individuals’ interactions have gained new formats based on the new technologies. On the other hand, political concerns, like more need to defend public security should also be mentioned. While encouraging the developments of the new technologies, the States consider to maintain their citizens’ security and rights to their personal data protection. How far the European Union, with its legislation for data protection, is reaching to this target? This study will give some highlights for answering this question.
Transformation of Europe Socio-Economics In The Wake of General Data Protection Regulation (GDPR)
2020
Avrupa’nin sosyoekonomik durumu 1919 ile 2019 yillari arasinda koklu bir donusum gecirmistir. Avrupa kitasinin son yuz yil icinde gecirdigi bu donusumun bir paraleli yoktur. Avrupa’nin 1919, 1949 ve 2019 yillari arasinda degerlendirmesi yapildiginda sosyo-ekonomik durumu etkileyen ortak noktanin zamanin hukumetleri tarafindan ilan edilen guvenlikle ilgili hukumler oldugu bulunmustur. Bu makale yeni Avrupa kapsamli guvenlik yasasi olan GDPR’nin yayinlanmasinin ardindan Avrupa’nin donusumunu incelemektedir. AB yasa koyuculari yasanin Avrupa vatandaslarinin (veri) guvenlik taleplerini karsiladigini ilan etmektedir. Birinci olarak, tarihin ve AB’deki temel haklar kurallari icinde yapilan veri taniminin isiginda GDPR’nin sosyoekonomik etkisini ve Avrupa Birligi Adalet Divani’nin (CJEU) ictihatlarinin bu yasanin uzerinde oynadigi rolu inceleyecek. Ikinci olarak, GDPR baglaminda Turkiye’nin sosyoekonomik onemini ayrintilariyla ele alinacaktir.
AN ANALYSIS OF THE GENERAL DATA PROTECTION REGULATION (EU) 2016 679.pdf
On the 27th April 2016, the REGULATION (EU) 2016/679 (GDPR) was adopted by the Member States of the EU with the plan of achieving harmonization and uniformity in the applicable data protection rules in Member States. This Regulation did introduce new provisions into the body of laws on data protection and this could be to some extent knotty owing to their relative novelty. This paper carries out an analysis of key provisions of the said Regulation with the aim of examining, as much as possible, the possible expectations under the said regulation.
2022
The advantages of electronic communications in the e-commerce sector and the rapid exchange of information continue to have enormous beneits, but they come at a cost in terms of privacy protection and legal gaps. Privacy is deined differently in each jurisdiction-the EU and the US, and despite widespread agreement on the importance of privacy, there is no single deinition of the concept in scientiic circles. The dificulties of transferring personal data between the European Union and the United States were once again at the forefront of the country's highest privacy and data protection concerns. General Data Protection Regulation (GDPR) positioned data protection to the highest level of company directions throughout the requirements imposed on any organization that collects, processes, manages, or stores information about European citizens, requiring stricter standards and giving users more control over their data. The new regulation has an impact on businesses and users all over Europe. The study's goal is to compare the level of protection and security provided to e-commerce users in the European Union, the United States of America, the Republic of North Macedonia, and Albania. Also, the correlation between the obligations and the effect of the GDPR was studied in order to determine whether it will guarantee a higher level of protection of individuals' rights, or whether will it primarily result in the bureaucratization of the processes for protecting personal data performed in e-commerce actions.
Data Protection: A new Regulation in the European Union
The European Union has approved a new Regulation that lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. This Regulation will apply to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. It will also apply to the processing of personal data by a controller not established in the Union in certain circumstances. This article is a little abstract of part of the Regulation content.
The recent judgement of the European Court of Justice of 13 May 2014 (hereinafter: the Judgement) focused on the activity of the Google platform as a provider of indexed content, including personal data; this activity consists of locating information published on the web by third parties, indexing it automatically, storing it temporarily, and finally, making it available to internet users according to a particular order of preference. The Court has stated that these operations must be classified as ‘processing’ (within the meaning of Directive 95/46), and are activities that can be distinguished from and are additional to the activities carried out by publishers of websites, and have additional effects on the data subject’s fundamental rights. This means that, especially in an online environment, the types of data processing, as well as the rules to be applied are becoming more diversified, even when considering the rights that can be exercised by data subjects. The key question to be answered is therefore not whether, but how data protection principles and rules have to be applied in each specific case. This can be illustrated by the measures set forth by the Italian Garante per la protezione dei dati personali (hereinafter: the Garante) in order to bring the processing of personal data carried out under Google’s new privacy policy into line with the Italian Data Protection Code. These measures tackle the problem of applying ‘criteria for making data processing legitimate’ and ‘principles relating to data quality’ on the internet, and focus on the legal requirements for the data subject’s prior consent with respect to a wide array of features offered to its users. It is exactly on this ground that one point of connection between the Data Protection Directive and the e-Privacy Directive will be analysed. The measures seem to emphasise the role of data subjects’ consent in the area of marketing and behavioural advertising, where there is no room for contractual agreements. Nonetheless freedom of contract within the scope of personal data protection does not seem to be ruled out. In this context, personal data are not negotiable goods and cannot be treated in the same way as any other kind of tradable commodity.