Information Technology Law in the Czech Republic

Information Technology Law in the Czech Republic
Author: Radim Polčák
Publisher: Kluwer Law International B.V.
Total Pages: 292
Release: 2023-06-20
Genre: Law
ISBN: 9403508272

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in the Czech Republic covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

Czech Law in Historical Contexts

Czech Law in Historical Contexts
Author: Jan Kuklík
Publisher: Charles University in Prague, Karolinum Press
Total Pages: 239
Release: 2015
Genre: Law
ISBN: 8024628600

The legal system of the present-day Czech Republic would not be understood properly without sufficient knowledge of its historical roots and evolution. This book deals with the development of Czech law from its initial origins as a form of Slavic law to its current position, reflecting the influence of the legal systems of neighbouring countries and that of Roman law. The reader can see how a legal system originally based on custom developed into written and codified law. Czech law was fully dependent upon developments within the Luxemburg, Jagiellonian and, primarily, Habsburg monarchies, although some features remained autonomous. The 20th century is particularly important in the development of the Czech state and law of today, namely due to the establishment of an independent Czechoslovakia in 1918 and its split in 1992 giving rise to the independent identities of the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes; political, ideological, economic and social changes stemming from such transformations were projected into, and reflected in, the system of Czechoslovak and Czech law. It can therefore serve as a “case study” for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.

Law and Governance in an Enlarged European Union

Law and Governance in an Enlarged European Union
Author: George A. Bermann
Publisher: Hart Publishing
Total Pages: 531
Release: 2004-11
Genre: Law
ISBN: 1841134260

This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.

Better Regulation Practices across the European Union

Better Regulation Practices across the European Union
Author: OECD
Publisher: OECD Publishing
Total Pages: 199
Release: 2019-03-19
Genre:
ISBN: 9264311734

Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...

Handbook on European data protection law

Handbook on European data protection law
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 402
Release: 2018-04-15
Genre: Political Science
ISBN: 9287198497

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.