Category Archives: European Private Law

‘Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?’

“Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product liability regime (Directive 85/374/EEC), which the CPA implements, applies to products with some software smarts – like that in automated industrial tools, aeroplanes and computers controlling nuclear […]

‘Conference held in Bergamo, October 3/4, on Private Enforcement Of General Data Protection: Regulation New Chances, New Challenges’

“Elisabetta Bani, Viviana Molaschi and Massimo Foglia, that welcomed the participants and emphasized the importance of the subject in the currant law debate, opened the Conference, that was immediately followed by a first session chaired by Radek Strugala. In this session some general issues were discussed, detailed and exemplified …” (more) [Dulce Lopes and Massimo […]

Davis and Marotta-Wurgler, ‘Contracting for Personal Data’

ABSTRACT Is contracting for the collection, use, and transfer of data like contracting for the sale of a horse or a car or licensing a piece of software? Many are concerned that conventional principles of contract law are inadequate when some consumers may not know or misperceive the full consequences of their transactions. Such concerns […]

Raheel Ahmed, ‘The Influence of “Reasonableness” on the Element of Conduct in Delictual or Tort Liability – Comparative Conclusions’

ABSTRACT In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems […]

Janeček and Malgieri, ‘Commerce in Data and the Dynamically Limited Alienability Rule’

ABSTRACT Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the […]

Francesco Paolo Patti, ‘Personalization of the Law and Unfair Terms in Consumer Contracts’

ABSTRACT Unfair terms law as an area of consumer contract law becomes more and more important and, within the European context, new forms of enforcement are discussed in order to augment the level of effectiveness of consumer protection. Personalization of the law could have a significant impact on the way in which the unfairness control […]

‘Case Law: Lloyd v Google LLC, Landmark judgment in representative data protection action’

“The Court of Appeal has handed down judgment in Lloyd v Google LLC [2019] EWCA Civ 1599, a decision with significant implications for data protection law and practice. Brought on behalf of an estimated 4.4 million iPhone users, this representative claim concerns Google’s gathering and exploitation of browser generated information (‘BGI’) on Apple’s Safari browser. […]

Rizzi and Vicente, ‘Defectiveness and Causation in Vaccine Liability Cases – the Jurisprudence of the Supreme Court of the United States and the Court of Justice of the European Union’

ABSTRACT The reflection we undertake is two-pronged. We analyse the policy arguments put forth in crucial decisions by the European and American highest courts to sanction vaccine-related injuries. In parallel, we investigate the place and role of scientific evidence in the legal framework disciplining liability of vaccine manufacturers. In doing so, we will identify convergence […]

‘Planet49 CJEU Judgment brings some “Cookie Consent” Certainty to Planet Online Tracking’

“The Court of Justice of the European Union published yesterday its long-awaited judgment in the Planet49 case, referred by a German Court in proceedings initiated by a non-governmental consumer protection organization representing the participants to an online lottery. It dealt with questions which should have been clarified long time ago, after Article 5(3) was introduced […]

‘Facebook’s liability for defamatory posts: the CJEU interprets the e-commerce Directive’

“The last couple of weeks have seen a number of judgments relating to the control of information on the internet by the subject of the information. The cases of GC et al (Case C-136/17) and Google v CNIL (Case C-507/17) concern the interpretation of General Data Protection Regulation (GDPR), looking at the obligations of search […]