Category Archives: European Private Law

Giovanni Comandè and Giulia Schneider, ‘Differential Data Protection Regimes in Data-Driven Research: Why the GDPR is More Research-Friendly Than You Think’

ABSTRACT Against the backdrop of an evolving landscape describing data driven research, this article discusses the role of data protection laws in shaping a free flow of research data. In particular, the analysis inquires whether European data protection law hampers or encourages data-driven research. The analysis critically challenges the shared belief that the more severe […]

Zhijun Chen, ‘Privacy Costs and Consumer Data Acquisition: An Economic Analysis of Data Privacy Regulation’

ABSTRACT General Data Protection Regulation (GDPR) aims to protect consumer data privacy, however, its adverse effects have been widely documented. We present a new model for the analysis of consumer data acquisition under privacy regulation. We treat both data and analytics as separate strategic variables and consider the heterogeneity of privacy costs across consumers. Using […]

Małgorzata Kuśmierczyk, ‘Algorithmic Bias in the Light of the GDPR and the Proposed AI Act’

ABSTRACT The paper discusses that the digitalization of socioeconomic life comes along with the many benefits but also generates some risks, such as algorithmic bias. European legislation is trying to address these threats. For algorithmic bias, the main solutions are the General Data Protection Regulation and the proposed Artificial Intelligence Act. The claim I defend […]

Zhijun Chen, ‘Privacy Costs and Consumer Data Acquisition: An Economic Analysis of Data Privacy Regulation’

ABSTRACT General Data Protection Regulation (GDPR) aims to protect consumer data privacy, however, its adverse effects have been widely documented. We present a new model for the analysis of consumer data acquisition under privacy regulation. We treat both data and analytics as separate strategic variables and consider the heterogeneity of privacy costs across consumers. Using […]

Matt Bartlett, ‘Beyond Privacy: Protecting Data Interests in the Age of Artificial Intelligence’

ABSTRACT Serious challenges are raised by the way in which technology companies like Facebook and Google harvest and process user data. Companies in the modern data economy mine troves of data with sophisticated algorithms to produce valuable behavioural predictions. These data-driven predictions provide companies with a powerful capacity to influence and manipulate users, and these […]

‘Commission sends reasoned opinions to 13 Member States for failure to transpose CDSM Directive into national law’

“Last week, the European Commission sent reasoned opinions to 13 Member States (Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden) for failure to notify the Commission of transposition measures on copyright and related rights in the Digital Single Market (Directive (EU) 2019/790) (CDSM Directive). The CDSM Directive was published […]

‘“Grand rights” of great importance: copyright on the big stage (part II): Danish Supreme Court rules that “all” actually does mean “all”’

“Back in November 2020 these Katfriends wrote about a Danish case regarding ‘grand rights’ in the music industry. The case concerned a copyright action brought by the members of the Danish band Michael Learns to Rock (MLTR) against EMI Casadida Music Publishing ApS (EMI) regarding entitlement to ‘grand rights’. The question before the court was […]

Gaboardi and Cavallini, ‘Rights vs Remedies: Towards a Global Model’

ABSTRACT The distinction between rights and remedies is a traditional and undebatable premise. It supports the classic account of civil law and common law as an inference from the role played by law in protecting rights and providing remedies. While civil law systems protect individual rights to the extent they are previously laid down by […]

‘Reconceptualize the interface of IP rights for 3D printing’

“The intellectual property (IP) legal system for 3D printing is challenged by digital technologies and the platforms that disseminate Computer-aided design (CAD) files. Can the IP system be reconceptualized as a complex adaptive system to better incentivize and channel resources of 3D designs on digital platforms? 3D printing is a set of enabling technologies that […]

Bayer, Bard, Vosyliūtė and Luk, ‘Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. A Comparative Study’

ABSTRACT The European Commission has added the issue of Strategic Lawsuit(s) against Public Participation (SLAPP or SLAPPs) onto its legislative agenda for 2021. In particular, the European Democracy Action Plan targets SLAPP phenomenon. This study aims to shed light on the legal environment of SLAPP in the European Union and its Member States. This includes […]