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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


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Trans-Atlantic Data Privacy Relations as a Challenge for Democracy

Edited by: Dan Svantesson, Dariusz Kloza

ISBN13: 9781780684345
Published: May 2017
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £114.00



Despatched in 7 to 9 days.

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced.

It also focuses on Europeanisation and constitutionalisation of both contract and tort law and the need to adjust the law in response to digitalisation and new technological, environmental or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations and networks.

This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand and on the concept of fairness and weaker-party protection on the other hand. Tort law shows movements discarding former limitations of liability and embracing liability of wider scope and vice versa returns to more restricted approaches.

Subjects:
Data Protection, Other Jurisdictions , USA
Contents:
PART I. PRIVACY AND …
1. Transnational Data Privacy in the EU Digital Single Market Strategy
2. Principles for US–EU Data Flow Arrangements
3. The Role of Proportionality in Assessing Trans-Atlantic Flows of Personal Data
4. US Surveillance Law, Safe Harbour and Reforms Since 2013
5. The Paper Shield: On the Degree of Protection of the EU–US Privacy Shield against Unnecessary or Disproportionate Data Collection by the US Intelligence and Law Enforcement Services
6. International Data Transfers in Brazil
7. From ACTA to TTIP: Lessons Learned on Democratic Process and Balancing of Rights
8. Free Trade Agreements and Data Privacy: Future Perils of Faustian Bargains
9. Nine Takeaways on Trade and Technology
10. Extraterritoriality in the Age of the Equipment-Based Society: Do We Need the ‘Use of Equipment’ as a Factor for the Territorial Applicability of the EU Data Protection Regime?
11. Jurisdictional Challenges Related to DNA Data Processing in Transnational Clouds
12. Regulating Economic Cyber-Espionage among States under International Law
13. Terrorism and Paedophilia on the Internet: A Global and Balanced Cyber-Rights Response Is Required to Combat Cybercrime, Not Knee-Jerk Regulation
14. Understanding the Perpetuation of ‘Failure’: The 15th Anniversary of the US Terrorist Finance Tracking Programme
15. Does It Matter Where You Die? Chances of Post-Mortem Privacy in Europe and in the United States
16. The Right to be Forgotten, from the Trans-Atlantic to Japan
17. Is the Definition of Personal Data Flawed? Hyperlink as Personal Data (Processing)
18. Big Data and ‘Personal Information’ in Australia, the European Union and the United States
19. Blending the Practices of Privacy and Information Security to Navigate Contemporary Data Protection Challenges
20. It’s All about Design: An Ethical Analysis of Personal Data Markets

PART III. ALTERNATIVE APPROACHES TO THE PROTECTION OF PRIVACY
21. Evaluation of US and EU Data Protection Policies Based on Principles Drawn from US Environmental Law
22. Flagrant Denial of Data Protection: Redefining the Adequacy Requirement
23. A Behavioural Alternative to the Protection of Privacy
24. The Future of Automated Privacy Enforcement
25. Moving Beyond the Special Rapporteur on Privacy with the Establishment of a New, Specialised United Nations Agency: Addressing the Deficit in Global Cooperation for the Protection of Data Privacy
26. Convention 108, a Trans-Atlantic DNA?
27. Landscape with the Rise of Data Privacy Protection