Category Archives: European Private Law

de Hert and Papakonstantinou, ‘The rich UK contribution to the field of EU data protection: Let’s not go for “third country” status after Brexit’

Abstract: The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting […]

Kelly and Satola, ‘The Right to Be Forgotten’

Abstract: The right to be forgotten refers to the ability of individuals to erase, limit, delink, delete or correct personal information on the Internet that is misleading, embarrassing, irrelevant or anachronistic. This legal right was cast into the spotlight by the European Court of Justice decision in the Google Spain case, confirming it as a […]

‘Digital Single Market: Key points of civil law and civil procedure’, EBS Law School Wiesbaden, Germany, 22-23 June 2017 (conference language: German)

On May 6 2015, the European Commission presented its Digital Single Market Strategy. Its aim is to further develop the ‘Digital Agenda’ as a part of the overall strategy ‘Europe 2020’, which was adopted in June 2010 by the European Council. Thereby, the European Union intends to create a special digital single market in order […]

Anna Robilant, ‘A Research Agenda for the History of Property Law in Europe, Inspired by and Dedicated to Marc Poirier’

Introduction: … However, my driving commitment is towards understanding the development of property law and theory in the context of the larger, long-term social, economic, and political transformations of modern Europe and beyond. In the sections that follow, I will outline the main lines of this research agenda: (a) understanding the relation between property and […]

Beata Safari, ‘Intangible Privacy Rights: How Europe’s GDPR Will Set a New Global Standard for Personal Data Protection’

Introduction: … Part II explores the goals of the Data Protection Directive and the Safe Harbor Framework, as well as some of their major criticisms, leading to the adoption of the new GDPR and the EU-US Privacy Shield. Part III breaks down strengths and weaknesses of the GDPR, introduces the cases which influenced change in […]

Vanessa Mak, ‘Who Does What in European Private Law – And How is it Done? An Experimentalist Perspective’

Abstract: The EU has made it one of its goals to promote social inclusion (Strategy 2020). This article aims to identify how, within a changing context of lawmaking and governance, European private law can contribute to reaching that goal. Conventional knowledge of the economic regulation of Western economies holds that economic and social inclusion of […]

Eric Tjong Tjin Tai, ‘The Right to Be Forgotten – Private Law Enforcement’

Abstract: Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life examples show, enforcement is mostly feasible but […]

John Dowdell, ‘An American Right to Be Forgotten’

Introduction: … Part II of this note frames the issues it seeks to resolve, and then examines Europe’s cultural history regarding privacy — including legislation and case law – and explains the development of the right to be forgotten. Part III notes the spread of the right to be forgotten into the Western Hemisphere, and […]

‘Is there such a thing as “European Private Law”?’

“Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics. They have a content, a scope, many of them were created by some agent, and […]

Francisco De Elizalde, ‘Should the Implied Term Concerning Quality Be Generalized? Present and Future of the Principle of Conformity in Europe’

Abstract: One of the main inroads to the so-called Classic Contract Law has been made by implied terms imposing a certain quality on the subject matter of contracts, an outcome that has been achieved by resorting to a variety of legal sources and tools. Modernization and harmonization of European Contract Law, to this respect, has […]