Category Archives: European Private Law

Teles and Varella, ‘Normative Models for the Protection of Children and Teenagers’ Personal Data’

ABSTRACT This paper aims to present an overview of the provisions about children and teenagers’ data protection laws worldwide in order to find out what are the best paths related to the subject or to identify if there are legislative models with safeguards, in theory, more beneficial. To achieve this goal, the authors analyze the […]

Rupprecht Podszun, ‘Should Gatekeepers Be Allowed to Combine Data? – Ideas for Art 5(a) of the Draft Digital Markets Act’

ABSTRACT Should digital gatekeepers be allowed to gather data from users and combine data from different sources? That is one of the key substantive questions of the Digital Markets Act. It is currently addressed in Art 5(a) of the draft DMA. There are two problems with the current wording: First, it is not specific enough […]

‘Rights of third party guarantors in payment services transactions – the CJEU in C-337/20 CRCAM

“Last month the CJEU delivered another judgment on the interpretation of payment services rules. Case C-337/20 DM, LR v Casisse régionale de Crédit agricole mutuel (CRCAM)-Alpes-Provence tackles an interesting and highly important question of concurrent liability based on special and general legal rules …” (more) [Andrea Fejős, Recent developments in European Consumer Law, 20 October]

Van Acker and Claes, ‘Covid-19 and Consumer Law – The Belgian Response’

The global Covid-19 pandemic and its resulting emergency measures have had far-reaching implications for Belgian citizens. Even though Belgian consumer law is usually well able to deal with crises, it was not designed for crises as disruptive as this pandemic. Consequently, temporary adjustments were found to be necessary to protect consumer interests. The following contribution […]

Laura Seritti, ‘Online Shopping and Quality Problems: What Safeguards for Platform Users Under the EU Consumer Protection Regime?’

INTRODUCTION Digitalization constitutes one of the fundamental trends of this century. Compared for its disruptiveness to the Industrial Revolution and the advent of steam powered machines, the digitalization process has in fact touched the very essence of the value-creation mechanisms and consumption patterns of our economy and society. Online platforms have emerged as new key […]

Lee Bygrave, ‘Data Protection by Design and by Default’

ABSTRACT This paper has been written as an entry to the forthcoming Oxford Encyclopedia of European Union Law. As such, it gives a concise presentation of the role of ‘Data Protection by Design and by Default’ (DPbDD), particularly as provided for under Article 25 of the EU General Data Protection Regulation (GDPR). The paper canvasses […]

Anastasia Choromidou, ‘EU data protection under the TCA: the UK adequacy decision and the twin GDPRs’

“On 1 January 2020 the United Kingdom (the UK) exited the European Union (EU) entering a year-long transition period. At the end of it, on 24 December 2020 the UK and the EU signed the EU-UK Trade and Cooperation Agreement (TCA). Together with the EU-UK Withdrawal Agreement, the two instruments delineate many aspects of the […]

‘Italian Supreme Court rules on recognition and enforcement of a foreign judgment even if preceded by a worldwide freezing injunction’

“In a judgment rendered on 16 September 2021, the Italian Supreme Court (Corte di Cassazione) reversed a decision from the Court of Appeal of Rome, which had denied recognition and enforcement of a monetary judgment issued by the Royal Court of Guernsey, due to a breach of the fundamental rights of defence allegedly occurred in […]

Clark Asay, ‘Rethinking Copyright Harmonization’

ABSTRACT For nearly half a century, the United States has been one of the main proponents of harmonizing the world’s copyright laws. To that end, the US government has worked diligently to persuade (and, in some cases, bully) most of the world’s countries to adopt copyright standards that resemble those found in the United States. […]

Wojciech Kocot, ‘Culpa in Contrahendo as the General Ground for Precontractual Liability in Polish Civil Code’

ABSTRACT The justified and legally relevant relationship between contracting partners acting together in order to conclude a contract along with a comprehensive system of precontractual liability have been recognized in Poland at least since the enter into force of the Code of Obligations in 1933. Nevertheless until 2003 there wasn’t any specific legislative enactment of […]