Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws

Regulation of Cloud Services Under US and EU Antitrust, Competition and Privacy Laws
Author: Sára Gabriella Hoffman
Publisher: PL Academic Research
Total Pages: 0
Release: 2017
Genre: Antitrust law
ISBN: 9783631677391

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.

Big Data and Competition Law

Big Data and Competition Law
Author: Alptekin Koksal
Publisher: Taylor & Francis
Total Pages: 157
Release: 2023-11-13
Genre: Law
ISBN: 1000995844

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.

Regulating New Technologies in Uncertain Times

Regulating New Technologies in Uncertain Times
Author: Leonie Reins
Publisher: Springer
Total Pages: 314
Release: 2019-03-21
Genre: Law
ISBN: 9462652791

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.

Maritime Organisation, Management and Liability

Maritime Organisation, Management and Liability
Author: Stephen Girvin
Publisher: Bloomsbury Publishing
Total Pages: 400
Release: 2021-05-20
Genre: Law
ISBN: 1509942939

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.

The Antitrust Paradox

The Antitrust Paradox
Author: Robert Bork
Publisher:
Total Pages: 536
Release: 2021-02-22
Genre:
ISBN: 9781736089712

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.

EU Regulation of E-Commerce

EU Regulation of E-Commerce
Author: Arno R. Lodder
Publisher: Edward Elgar Publishing
Total Pages: 565
Release: 2022-11-25
Genre: Law
ISBN: 1800372094

Significantly revised and expanded, this important book addresses the key pieces of EU legislation in the field of e-commerce, including on consumer rights, copyright, electronic identification, open internet access, electronic payments, competition law and digital content.

Cloud Computing Service and Deployment Models: Layers and Management

Cloud Computing Service and Deployment Models: Layers and Management
Author: Bento, Al
Publisher: IGI Global
Total Pages: 389
Release: 2012-10-31
Genre: Computers
ISBN: 1466621885

"This book presents a collection of diverse perspectives on cloud computing and its vital role in all components of organizations, improving the understanding of cloud computing and tackling related concerns such as change management, security, processing approaches, and much more"--Provided by publisher.

European Contract Law and the Digital Single Market

European Contract Law and the Digital Single Market
Author: Alberto De Franceschi
Publisher:
Total Pages: 0
Release: 2016
Genre: Binnenmarkt
ISBN: 9781780684222

In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.

Regulating Access and Transfer of Data

Regulating Access and Transfer of Data
Author: Björn Lundqvist
Publisher: Cambridge University Press
Total Pages: 269
Release: 2023-04-13
Genre: Computers
ISBN: 1009335162

Analyzes the regulation of data access and transfer to understand how internet users can obtain the data they generate.

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility
Author: Inge Graef
Publisher: Kluwer Law International B.V.
Total Pages: 342
Release: 2016-10-17
Genre: Law
ISBN: 9041183256

All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.